Published on 1 July 2024
THIRD SECTION
Application no. 40492/20
Sabri HOXHA
against Albania
lodged on 31 August 2020
communicated on 14 June 2024
SUBJECT MATTER OF THE CASE
The application concern proceedings before the administrative courts, brought by the applicant against his former employer, challenging his dismissal and seeking payment of salaries for a certain period.
The first instance court granted the claims for payment of salaries for three months because the applicant’s former employer had not complied with time-limits concerning termination of the employment contract; and payment of two-month salaries for not complying with the time-limits for the notification of the dismissal, and dismissed the remaining claims.
Upon the applicant’s appeal, the Administrative Appeal Court reduced the payment of three-month salaries to two-month salaries for not complying with the time-limits for termination of the employment; and dismissed the claim for payment of two-month salaries for failure to comply with the time-limits for notification of dismissal.
The applicant complains under Article 6 that the trial was unfair in that the appeal court did not give any reasons for dismissing the latter claim.
QUESTION TO THE PARTIES
Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, did the Administrative Appeal Court give adequate reasons for reversing the first-instance court’s judgment and dismissing the applicant’s claim for payment of two-month salaries for non-compliance of his former employer with the time-limits for notification of dismissal (see, for applicable principles, García Ruiz v. Spain [GC], no. 30544/96, § 26, ECHR1999‑I; Gorou v. Greece (no. 2) [GC], no. 12686/03, § 37, 20 March 2009; and N.A. v. Norway, no. 27473/11, § 61, 18 December 2014)?