Kangelaste 19: employment claim left without examination because an earlier dismissal was not challenged

The employee challenged the June notices but left unchallenged the March notice that had ended the contract earlier.

The court left XX’s claim against KÜ Kangelaste pr 19 concerning termination of an employment contract and compensation without examination. It concluded that the challenged June notices could not change the employee’s position: the contract had already ended under an earlier notice not challenged in this case. XX sought a declaration that the June 2017 termination notices were void, meaning they had no legal effect, followed by termination through the court and compensation. The association opposed the claim and produced another notice drawn up in March 2017. That notice terminated the contract before the June notices because of work reorganisation and disappearance of the position. The court invited the employee to explain how the June notices infringed rights if employment had already ended. XX replied that clarifying the grounds of dismissal was precisely why the claim was brought and maintained the original requests. XX also considered one June notice to concern the same contract despite bearing a different number. The court proceeded from the contract having ended under the March notice before the later June notices. The employee neither challenged the March notice nor explained why it had not ended employment. The court considered that even declaring the later notices void would not restore the contract or allow it to be terminated again through the court with the compensation sought. It therefore left the claim without examination. This ruling does not determine the merits of the March dismissal itself. Costs were allocated to the claimant, with the amount determined separately after entry into force. The court also explained the general possibility of applying again after a claim is left without examination.

Leave XX’s claim for a declaration of nullity of termination notices and compensation without examination. The claimant bears costs; their amount will be determined separately after entry into force.