I PKN 120/98
AI generated
Employer liability for employee theft dismissed when employer's negligence was the sole cause of loss.
Legislator summary
AI generatedThe Supreme Court dismissed the employer's cassation appeal regarding a theft claim against an employee. The court found that the employer's negligence, such as allowing unauthorized access and leaving the premises, was the decisive condition for the loss to occur. Consequently, the employer was not liable because the employee did not cause the damage, but rather the employer's actions made the theft possible.
Legislator headnote
AI generatedArt. 117 § 1, Art. 127 Kodeks Pracy; The employer is liable for employee damage only if the employer's fault was a necessary condition for the loss, not merely a contributing factor.
Keywords
AI generated
employer liability
employee theft
negligence
material responsibility
conditio sine qua non
workplace security
cassation appeal
Cited Legislation
AI generatedArt. 117 § 1 Kodeks Pracy
Art. 127 Kodeks Pracy
Art. 115 Kodeks Pracy
Art. 124 § 3 Kodeks Pracy
Art. 393 § 12 Kodeks Postępowania Cywilnego