I PKN 541/97
AI generated
Cassation dismissed for failure to present birth certificate or evidence request regarding pregnancy term.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal against the lower court's decision to reinstate a pregnant employee. The employer argued procedural violations but failed to submit the child's birth certificate or request expert testimony during the appeal phase. The court ruled that the employer's silence and lack of evidence requests meant the lower court's findings on the pregnancy term were sufficient and legally correct.
Legislator headnote
AI generatedArt. 232 KPC; Art. 233 § 1 KPC: The party must present evidence to establish facts; failure to request expert testimony or submit relevant documents precludes raising such issues in cassation proceedings.
Keywords
AI generated
cassation appeal dismissal
burden of proof employer
pregnancy term calculation
evidence request failure
labor contract termination
Cited Legislation
AI generatedArt. 228 KPC
Art. 230 KPC
Art. 232 KPC
Art. 233 § 1 KPC
Art. 177 § 3 KP
Art. 45 KP
Art. 50 § 4 KP
Art. 393 § 11 KPC
Art. 393 § 12 KPC