On the application of the statute of limitations in connection with individual labor disputes
The plaintiff T. The defendant applied to the court with a claim for re - employment in the institution" Suleiman Demirel University " (hereinafter referred to as the University), recovery of wages and compensation for moral damage for free days. By the decision of the Karasay District Court of Almaty region dated May 18, 2017, the statement of claim was dismissed. By the decision of the Judicial Board of the Almaty Regional Court on civil cases dated September 14, 2017, the decision of the court of first instance was changed and a new decision was made on partial satisfaction of the claim. By the court decision T. 684,000 tenge was collected for the days of re-placement at the place of work and free work without a license. Compensation for moral damage in the amount of 200,000 tenge and court costs in the amount of 32,769 tenge were collected from the University Institution in favor of T. the rest of the decision was left unchanged. In the petition, the representative of the defendant disagreed with the decision of the court of Appeal, asked to cancel it and leave the decision of the court of first instance in force, and indicated that the requirements of the current labor legislation on the part of the employer were fully complied with and the conditions of the decision of the Conciliation Commission were met during the voluntary dismissal of the plaintiff. In addition, the petition draws attention to the fact that the deadline for filing a claim in court has expired due to the late appeal of the plaintiff's representative to the court after receiving the decision of the commission. In accordance with Part 5 of Article 438 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the APC), a significant violation of the norms of material and procedural law, which led to the issuance of an illegal judicial act, is the basis for the Cassation review of judicial acts that have entered into legal force.
On the application of the statute of limitations in connection with individual labor disputes
Such violations were allowed in the case. According to the case documents, from April 2014 to September 2016, T. worked at the University as an assistant professor of the Department of "Kazakh Philology" of the Faculty of philology and Pedagogical Sciences. At the Administrative Council of the University on September 8, 2016, due to the fact that the teaching and pedagogical load of the teaching staff is within the competence of the Faculty of the Department, on the basis of the proposal of this faculty, it was decided to continue the work of the teacher of the Department of "Kazakh philology" assistant professor T. with a full-time load of 0.25 or an hourly fee. However, T. said that he did not agree with this decision of the University, and on September 26, 2016 he filed an application for his voluntary dismissal. He was dismissed by the Order of the University No. 205 dated October 3, 2016 on the basis of Paragraph 1 of Article 49 of the Labor Code of the Republic of Kazakhstan (hereinafter referred to as the code). The court of First Instance, on the basis of the defendant's application for the application of the statute of limitations, concluded that T.'s application should be dismissed due to the expiration of the statute of limitations. The court of Appeal, having changed the decision of the court of first instance, based on the fact that the employee provided for a period of three months for submitting an application for reinstatement to work to the authorities for the consideration of individual labor disputes, t. he was not acquainted with the order on dismissal dated October 3, 2016, a copy of the order was not properly handed over to the plaintiff. However, these conclusions of the court of Appeal contradict the requirements of the current law. The terms of Article 160 of this code specify that for disputes about reinstatement of work-one month from the date of submission of a copy of the employer's act on termination of the employment contract to the Conciliation Commission, and for appeals to the court – two months from the date of submission of a copy of the Conciliation Commission's decision when applying for an unresolved dispute or when a party to the employment contract fails to fulfill the decision of the Conciliation Commission. The court of Appeal, on the other hand, made an erroneous conclusion, specifying the deadline for filing a claim as three months. As it turned out at the court sessions, the plaintiff got acquainted with the order on his voluntary dismissal from work on October 3, 2017 and signed it. Therefore, the conclusions of the court of Appeal that T. did not familiarize himself with the order on voluntary dismissal from work and that his right to withdraw the application was violated are unfounded. At the same time, the conclusion of the court of First Instance on the application of the statute of limitations complies with the requirements of the law. Because the representative of the plaintiff received a copy of the decision of the Conciliation Commission on January 12, 2017 and applied to the court with a claim only after 2 months and 22 days. In this regard, the court of Cassation considers the conclusion of the court of First Instance on the refusal to satisfy the claim justified. On the basis of the above, the Judicial Board of the Supreme Court of the Republic of Kazakhstan for civil cases annulled the decision of the court of Appeal and upheld the decision of the court of first instance. The request of the institution" Suleiman Demirel University " was satisfied.
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