The subject of proof, burden-sharing (2009)

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Uploaded: 15.01.2011
Content: 3375.zip (13,69 kB)

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Description

1. Task 1

The subject of proof, burden of proof between the parties in the civil process.

2. Task 2

Remedial features of consideration of cases of recovery of the persons dismissed by the administration.

3. Problem


Employee car repair factory Varfolomeev was dismissed from work on signature. "B" of article 81 of the Labour Code to claim 6 in connection with the appearance in the workplace intoxicated. At the hearing it was found that Varfolomeev abusing alcohol, but evidence that he was at work in an intoxicated state, the administration failed to show. Investigating the case, the court adjourned the meeting. After the break, the representative of the defendant and the plaintiff stated that they want to reach an amicable agreement. According to the text submitted to the court an agreement Varfolomeev subject to reinstatement but without payment of money for the forced absence.
Are the terms of the agreement to the principles of civil procedural law?
What should the court in this case?

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