Pirkka-Marja Põldvere successfully represented client in disputing ungrounded claim
LEADELL Pilv partner Pirkka-Marja Põldvere is commenting, „This dispute is a good lesson to learn for many employees. If during work relation it is always pleasant to accept extra money, then upon insufficient formulation of the legal basis for bank transfers it may become difficult to prove the actual circumstances at a later stage.“
In the current dispute, employer as a sole owner and board member of a company for years was paying part of the salary unofficially to the employee by making money transfers from private bank account. When the employee decided to terminate the employment, an unexpected claim was filed to court – to repay the debt on the basis of loan agreement. According to the employer, he had constantly given personal loan to the employee and now wanted the repayment. The County Court satisfied the claim, objections of the employee were considered as unfounded and without basis. Starting from the Circuit Court, the employee was represented by partner Pirkka-Marja Põldvere who managed to convince the court that the parties were lacking any loan contract and the claim was unfounded and malicious. The Circuit Court annulled the incorrect judgment of the first degree court and the claim for debt remained unsatisfied. The final judgment has entered into force and justice prevails.