Supreme Court dismissed cassation, ruling that ignoring new evidence in second instance violates civil procedure law.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a regional court's decision to reinstate an employee. The regional court had limited the first instance trial to formal validity, while the second instance court incorrectly excluded new evidence and arguments regarding the dismissal's merits presented in the appeal. The court ruled that the second instance judge must consider all evidence necessary for a substantive decision, as the first instance's narrow scope did not preclude the employer from presenting new facts in the appeal.
Legislator headnote
AI generatedArt. 381 KPC; Art. 382 KPC: The second instance court cannot ignore new facts and evidence presented in the appeal if the first instance court limited the evidentiary scope to formalities, as the second instance must conduct a substantive review of the case.