Legislator Case Law & Legislation
I PKN 114/97 AI generated

Employee liable for theft damage under general rules if employer negligence was a main cause.

Case Number I PKN 114/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 headnote

AI generated

Art. 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.

Keywords

AI generated
employee liability entrusted property theft causation labor law material responsibility employer negligence cassation appeal

Cited Legislation

AI generated
Art. 124 § 3 KP
Art. 234 KPC
Art. 393 § 13 KPC

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