Supreme Court dismissed appeal due to lack of factual findings on employer's knowledge of employee misconduct.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the plaintiff's claim for damages and correction of employment records. The plaintiff, a hospital director, was fired for serious breach of duty regarding an unauthorized medical equipment purchase, but the employer allegedly learned of this only after a supervisory audit. The court ruled that the lower court failed to establish whether the employer actually knew of the misconduct before termination, violating the principle that the Supreme Court cannot make new factual findings. Consequently, the case was remanded for a proper assessment of the employer's knowledge.
Legislator headnote
AI generatedArt. 52 § 1 KP; Art. 393 § 15 KPC: The Supreme Court is bound by the factual findings of the lower court and cannot remand a case for a new assessment of facts if the lower court failed to determine whether the employer acquired knowledge of the employee's misconduct prior to termination.