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Latvia / Civil Affairs Division of the Supreme Court Senate / C31247015 (SKC-79/2018)

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Policy area:
Employment and social policy
Deciding Body type:
National Court/Tribunal
Deciding Body:
Civil Affairs Division of the Supreme Court Senate
Decision date:

Key facts of the case:

In this case the applicant who is a female claimed that she was discriminated on gender grounds because her collegue who is male had a higher salary – around EUR 850 more than she earned, even though they were working in the same position. The applicant had missed the 2 year deadline of submitting a claim which is grounded in  Labour Law, but she still asked for moral compensation. The first instance court rejected the claim fully, but the appeal court satisfied the claim and stated that defendant has to pay EUR 20 000 as moral compensation. The defendant submitted a cassation claim stating that in the history of labour disputes in Latvia the compensation was never higher than EUR 2 800. 

Key legal question raised by the Court:

Whether the applicant has the right to receive moral compensation although the claim grounded in the Labour Law can be submitted within a two year period which she had missed?

Outcome of the case:

Supreme Court agreed with the defendant and stated that claimant had missed the deadline and cannot demand moral compensation.