On challenging the conclusion of the labor Inspectorate

No. 6001-22-00-6ap/1677 dated 03/22/2023 (similar case No. 6001-22-00-6ap/1838 dated 03/20/2023, No. 6001-22-00-6ap/1866 dated 03/29/2023)

Plaintiff: LLP "B"

Respondent: State Institution "Labor Inspection Department of Akimat of Kostanay region"

The subject of the dispute: on challenging the conclusion

Review of the plaintiff's cassation complaint PLOT:

The partnership filed a lawsuit with the labor inspector and the Department to challenge the conclusion of September 8, 2021, according to which the degree of fault in the accident at work was 100% for the employer and 0% for the employee.

Judicial acts:

1st instance: the claim was denied.

Appeal: the decision remains unchanged.

Cassation: judicial acts are upheld.

Conclusions:

The local courts, applying the provisions of Articles 182, 186, 188 and 190 of the Labor Code, legitimately proceeded from the fact that the employer had proven violations of industrial safety and labor protection requirements when carrying out work on dismantling the hose on the oral order of the immediate supervisor of the Labor Code, in particular, the absence of a work assignment, targeted instruction, and ignorance of technological regulations. It also took into account the direction of S.N. to perform work, whose job responsibilities did not include this, and his failure to complete retraining and training courses. As a result of an industrial accident, serious harm was caused to S.N.'s health..

On this fact, a criminal case was initiated against R.O. under the second part of Article 156 of the Criminal Code, with subsequent termination on non-rehabilitating grounds (as a result of the amnesty act).

The arguments of the plaintiff's cassation appeal are aimed at re-evaluating the evidence in the case, they are formal in nature, they are not grounds for annulment of judicial acts, and the courts have given an appropriate legal assessment.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases