Supreme Court allows extension of statute of limitations for labor dispute due to employee's lack of fault and legal inexperience.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court set aside lower court rulings that dismissed an employee's claim for reinstatement due to a missed filing deadline. The employee argued he was not at fault for missing the 14-day limit because of incorrect legal advice and attempts at out-of-court settlement. The court held that the law does not specify a strict form for requesting a deadline extension and requires a subjective assessment of the employee's knowledge and circumstances, finding the lower courts' rigid approach erroneous.
Legislator-Regeste
KI-generiertArt. 264 § 2 k.p.; Art. 265 k.p.: The absence of fault in missing a short limitation period must be assessed subjectively based on the employee's education and experience, allowing extensions for minor delays caused by legal misinformation or settlement attempts.