I PKN 114/97
AI generated
Employee liable for theft damage under general rules if employer negligence was a main cause.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 124 § 3 KP
Art. 234 KPC
Art. 393 § 13 KPC