Judicial principles and studies
Appellate Court Standard for Following a Cassation Decision and Its Effects on Employment and Witness Issues
A brief note explaining when an appellate court must follow a cassation ruling, allocation of proof for lawful dismissal, scope of witness personal interest, and classification of breaching work instructions.
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Judicial principles and studies
Updated: 10 September 2026
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A brief note explaining when an appellate court must follow a cassation ruling, allocation of proof for lawful dismissal, scope of witness personal interest, and classification of breaching work instructions.
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Subject
This study summarizes the standard an appellate court applies after a cassation ruling that quashes its judgment, and its implications for employment-termination disputes, witness testimony, and compliance with employer instructions.
Summary
- Under the available provision, after reading the cassation decision and hearing the parties, the appellate court may either accept the cassation or insist on its prior ruling. The choice depends on the nature of the cassation: when it concerns questions of law the court may choose to follow or not; when it concerns factual issues, evaluation of evidence, or is intended to address appeal grounds in a clear and detailed manner, the court must follow the cassation. - The burden of proving the lawfulness of a plaintiff's dismissal rests with the party asserting that the termination was lawful; a claimant opposing the general presumption must substantiate that claim. - The cited civil-law provision confines the concept of a witness gaining or suffering personally from testimony to the witness who testified, not to third parties, when a personal gain or loss for that witness is established. - Failure to follow employer work instructions constitutes a breach of contractual and functional duties rather than automatically qualifying as behavioral misconduct that requires graduated disciplinary measures; this is noted alongside Article 28(b) of the Labor Law.
Practical significance
- Clarifies when a cassation decision has binding effect on appellate reconsideration and when appellate discretion remains for legal questions. - Directs allocation of proof in dismissal disputes toward the party claiming lawful termination. - Frames assessment of witness testimony where personal interest exists and limits that assessment to the testifying witness. - Distinguishes contractual breaches from disciplinary misconduct for purposes of disciplinary escalation, with reference to Article 28(b) of the Labor Law. This content is an educational summary and is not a judicial text or legal advice.
Frequently asked questions
Subject?
This study summarizes the standard an appellate court applies after a cassation ruling that quashes its judgment, and its implications for employment-termination disputes, witness testimony, and compliance with employer instructions.
Summary?
- Under the available provision, after reading the cassation decision and hearing the parties, the appellate court may either accept the cassation or insist on its prior ruling. The choice depends on the nature of the cassation: when it concerns questions of law the court may choose to follow or not; when it concerns factual issues, evaluation of evidence, or is intended to address appeal grounds in a clear and detailed manner, the court must follow the cassation. - The burden of proving the lawfulness of a plaintiff's dismissal rests with the party asserting that the termination was lawful; a claimant opposing the general presumption must substantiate that claim. - The cited civil-law provision confines the concept of a witness gaining or suffering personally from testimony to the witness who testified, not to third parties, when a personal gain or loss for that witness is established. - Failure to follow employer work instructions constitutes a breach of contractual and functional duties rather than automatically qualifying as behavioral misconduct that requires graduated disciplinary measures; this is noted alongside Article 28(b) of the Labor Law.
Practical significance?
- Clarifies when a cassation decision has binding effect on appellate reconsideration and when appellate discretion remains for legal questions. - Directs allocation of proof in dismissal disputes toward the party claiming lawful termination. - Frames assessment of witness testimony where personal interest exists and limits that assessment to the testifying witness. - Distinguishes contractual breaches from disciplinary misconduct for purposes of disciplinary escalation, with reference to Article 28(b) of the Labor Law. This content is an educational summary and is not a judicial text or legal advice.
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