Rejection of Revision in Labour Disputes Amounts to Violation of Right to Fair Trial
In a decision dated 21 March 2019, the Serbian Constitutional Court examined the permissibility of filing for a revision to the Supreme Court of Cassation, an extraordinary legal remedy, concerning a second-instance decision in a labour dispute.
The Constitutional Court based its assessment on Article 469 of the Law on Civil Procedure, according to which disputes arising from labour relations are not considered as small claim disputes, as well as on the fact that no legal provision expressly excludes the possibility of a revision in this type of disputes.
Consequently, the Constitutional Court found that the Supreme Court of Cassation’s rejection of the revision in this case was not based on a constitutionally acceptable interpretation of the procedural law.
The Constitutional Court found that the Supreme Court of Cassation arbitrarily applied the procedural law, which negatively affected the complainant. Accordingly, the Court concluded that the constitutional complaint was justified, as the challenged decision violated the right to a fair trial.