Supreme Court dismissed cassation for failure to link material law violation to established facts.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the plaintiff against the appellate court's judgment. The plaintiff argued that the lower court incorrectly interpreted Article 81 § 2 of the Labor Code regarding the employee's readiness to work. The court ruled that a material law violation must be assessed specifically against the established facts of the case, not hypothetical scenarios. Consequently, the appeal was rejected because the cassation complaint did not properly address the factual findings made by the appellate court.
Legislator headnote
AI generatedArt. 393 § 1 pkt 1 KPC; Art. 81 § 2 KP: A violation of material law serving as a basis for cassation must be directed at the established state of facts in the case, not at hypothetical situations or abstract legal interpretations.