Supreme Court dismissed cassation, ruling that 'deciding beyond request' does not allow courts to award damages for unproven facts.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a trade union representative against a labor court judgment denying occupational disease compensation. The plaintiff argued that the employer should bear the burden of proof for unproven claims regarding vibration and dust-induced illnesses, while the court held that the statutory duty to decide beyond the request is limited to facts already proven by the employee. Consequently, the court ruled that the employer cannot substitute the employee's evidentiary initiative by awarding damages for facts not substantiated by the plaintiff.
Legislator headnote
AI generatedArt. 4771 § 1 k.p.c.; Art. 6 k.c.: The duty to decide beyond the request does not permit a court to award compensation for facts not indicated and proven by the employee, as the employer cannot substitute the employee's evidentiary initiative.