Questão jurídica principal
Whether the labor court remains competent for the claim when the counterclaim exceeds its monetary competence.
Decisão extraída
Yes. The labor court retains jurisdiction over the original claim even if the counterclaim exceeds its competence; only the counterclaim must be brought before the ordinary judge.
Fundamentação extraída
Under Art. 343(2) OR, value is determined by the plaintiff's claim alone, ignoring the counterclaim, to prevent loss of the labor-court procedure through a potentially unfounded counterclaim. Sections 1(1) and 20(2) AGG do not deprive the court of competence for the claim.