21.4.2015
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News
Employment law
KŠB Wins Labour Dispute for Major Client
The Regional Court in Ostrava denied an action filed by a former employee of KŠB’s client concerning performance under a non-competition clause in the amount of several million Czech crowns. The court agreed with KŠB’s argument that the principle of special protection for employees must be relativized and concluded that, when assessing responsibility for the fate of labour negotiations, it is always necessary to take all circumstances into account.
In accordance with KŠB’s view, the court stated that invalid labour documents are not always solely the fault of the employer. The employee must undoubtedly have certain knowledge of the reason and conditions under which the specific contract or agreement was concluded and is responsible for its validity to that extent. In view of the circumstances of the case, the Regional Court refused to consider the additional claim for damages allegedly incurred by the former employee as a result of complying with the invalid non-competition clause.
The District Court in Ostrava first agreed with the action in its entirety. However, based on KŠB’s appeal the Court issued a final judgment in favour of the client.
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