Legislator Case Law & Legislation
I PKN 129/98 AI generated

Employee liable for theft of entrusted cash due to gross negligence despite employer's lack of security measures.

Case Number I PKN 129/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal against a lower court judgment ordering an employee to pay for stolen cash. The employee, a delivery driver, left his vehicle unattended with a jacket containing money while eating at a restaurant, resulting in a burglary. The court found the employee grossly negligent for leaving the vehicle in a visible spot and failing to take the money with him, establishing liability despite the employer's failure to provide security. Consequently, the Supreme Court upheld the lower court's decision, ruling that the employee bore responsibility for the loss within the scope of the established fault.

Legislator headnote

AI generated

Art. 124 § 1 Kodeksu pracy; Art. 124 § 3 Kodeksu pracy; Art. 393 § 13 Kodeksu postępowania cywilnego: An employee remains liable for damage to entrusted property caused by their own gross negligence, even if the employer failed to provide additional security measures.

Keywords

AI generated
employee liability gross negligence entrusted property theft of cash workplace security cassation appeal delivery driver

Cited Legislation

AI generated
Art. 124 § 1 Kodeksu pracy
Art. 124 § 3 Kodeksu pracy
Art. 393 § 13 Kodeksu postępowania cywilnego

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