Legislator Case Law & Legislation
I PKN 120/98 AI generated

Employer liability for employee theft dismissed when employer's negligence was the sole cause of loss.

Case Number I PKN 120/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
Art. 117 § 1 Kodeks Pracy
Art. 127 Kodeks Pracy
Art. 115 Kodeks Pracy
Art. 124 § 3 Kodeks Pracy
Art. 393 § 12 Kodeks Postępowania Cywilnego

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