Cassation dismissed; Supreme Court reviews only legal boundaries, not evidence re-evaluation under Art. 233 § 1 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the rehabilitation committee against a labor court decision restoring the employee to work. The employee had tested positive for alcohol at a workplace facility but later tested negative, with the labor court rejecting the positive result due to smoking and medication interference. The court held that under Article 233 § 1 of the Code of Civil Procedure, the cassation court cannot re-evaluate evidence but only checks if the lower court stayed within judicial discretion limits.
Legislator headnote
AI generatedArt. 233 § 1 KPC; Art. 393 § 12 KPC: In cassation proceedings, the court does not re-evaluate the credibility and force of evidence but merely verifies whether the limits of judicial discretion defined by law have been exceeded.