Supreme Court dismissed appeal, remanding labor dispute for retrial due to insufficient fact-finding on refusal of work orders.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal and remanded the labor dispute to the lower court for a retrial. The plaintiff argued that the lower court incorrectly dismissed her claim for reinstatement because the court failed to adequately establish whether she refused a work-related order. The court ruled that the lower court violated procedural rules by not sufficiently clarifying the specific circumstances, content, and relevance of the employer's order before finding a breach of duty.
Legislator headnote
AI generatedArt. 233 § 1 KPC; Art. 299 KPC: In labor disputes involving refusal of work orders, the court must definitively ascertain the order's content, relevance to the job, and specific circumstances; failure to clarify these essential facts violates procedural rules requiring comprehensive evidence assessment.