Supreme Court dismissed cassation against labor court for not ordering witness testimony under Art. 232 KPC.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a former forest guard against a labor court's decision. The appellant argued that the lower court violated procedural rules by failing to order witness testimony regarding his dismissal, claiming this was required by law. The court held that the lower court's refusal to summon witnesses was justified because the appellant did not request it during the proceedings and the dismissal was legally effective despite the timing of his knowledge. Consequently, the court ruled that the lower court did not abuse its discretionary power to admit evidence ex officio.
Legislator headnote
AI generatedArt. 232 ust. 2 KPC; Art. 393 KPC: The court may admit evidence not indicated by the parties only exceptionally if its admission is particularly justified or obvious, and failure to do so does not constitute a violation of law.