Supreme Court dismisses cassation when second instance court merely checks first instance's application of evidence rules.
Legislator summary
AI generatedThe Supreme Court dismissed the appellant's cassation against the regional labor court's decision regarding the employer's termination of the employee. The appellant argued that the lower court violated the freedom of evidence assessment by failing to consider medical records and the time taken to obtain an alcohol test. The court ruled that the second instance court did not independently evaluate evidence but only verified the first instance's compliance with statutory evidence rules, rendering the cassation inadmissible.
Legislator headnote
AI generatedArt. 233 § 1 KPC; Art. 393 § 1, 3, 12 KPC: A cassation based on a violation of the freedom of evidence assessment is inadmissible if the second instance court did not independently evaluate the evidence but merely verified the first instance court's compliance with the statutory rules.