Questão jurídica principal
Whether the employer showed a violation of Art. 8 ZGB by the appellate court's refusal to order production of bank statements and by finding the summary-dismissal allegations insufficiently substantiated.
Decisão extraída
No. The appellate court did not deny evidence for a proved fact, but rejected the employer's allegation because the employee's conduct was not sufficiently concretely pleaded to justify a post hoc summary dismissal.
Fundamentação extraída
Art. 8 ZGB secures the right to prove relevant facts, but only for adequately pleaded, legally relevant assertions. The employer's submissions remained too vague as to the employee's own conduct, her role, and the work processes; a mere payment to a private account did not itself establish a just cause for immediate termination.