I PKN 114/97
KI-generiert
Employee liable for theft damage under general rules if employer negligence was a main cause.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal against a labor court judgment awarding damages to a bank for stolen funds. The bank argued that the employee's full liability should be overturned because the theft was an independent cause, while the court found the employer's failure to secure the vault was a primary cause of the loss. Consequently, the court ruled that the employee remains liable under general material responsibility rules rather than the exemption regime.
Legislator-Regeste
KI-generiertArt. 124 § 3 KP; Art. 234 KPC; If damage to entrusted property arises mainly from causes independent of the employee, the exemption from special liability applies, but the employee remains liable under general material responsibility rules.
Schlagwörter
KI-generiert
employee liability
entrusted property
theft causation
labor law
material responsibility
employer negligence
cassation appeal
Zitierte Gesetzesbestimmungen
KI-generiertArt. 124 § 3 KP
Art. 234 KPC
Art. 393 § 13 KPC