Whether the request for recusal of the entire labor court was admissible and well founded.
Yes. The request was admissible and had to be granted because the company’s director also sat as labor court assessor, creating an objective appearance of bias.
Under the CPC, recusal is required where a judge has a personal interest or may appear biased. The court held that objective circumstances suffice; subjective impressions are irrelevant. A professional relationship arising from judicial activity can create an appearance of prevention, especially where a tribunal member is also an organ of a party company.