Cassation dismissed because appeal court awarded damages without ruling on reinstatement claim, making cassation inadmissible.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by an employee against a second-instance judgment that awarded damages for wrongful termination. The first-instance court had rejected the employee's claim for reinstatement but established the existence of an employment relationship, while the second-instance court, upon the employer's appeal, awarded damages instead of addressing the reinstatement request. The court ruled that since the first-instance judgment did not rule on the reinstatement claim and the plaintiff did not request a supplementary judgment, the claim ceased to be the subject of the proceedings, rendering the cassation inadmissible.
Legislator headnote
AI generatedArt. 351 § 1 KPC; Art. 393 § 1 KPC: A cassation appeal is inadmissible if the appealed judgment does not contain a decision on the claims originally filed by the appellant, as such a judgment lacks the necessary subject matter for review.