Supreme Court dismisses cassation where witness cross-examination error was not raised on appeal and did not affect the outcome.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a labor court judgment awarding overtime pay to a truck driver. The appellant argued that the first-instance court violated procedural rules by cross-examining the employer's representative as a witness without prior notice under Article 259(3) of the Code of Civil Procedure. The court held that since this procedural defect was not raised during the appeal stage and the factual findings relied on multiple other evidence sources, the error could not influence the case result.
Legislator headnote
AI generatedArt. 259 pkt 3 KPC; Art. 3931 pkt 2 KPC: A procedural violation regarding witness cross-examination that was not contested in the appeal and did not affect the factual basis of the judgment does not justify the cassation of the decision.