Cassation dismissed; cash shortage by cashier implies employee fault when employer secured funds.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by two former bank employees against a judgment ordering them to repay a significant cash shortage. The court found that the employer had provided secure conditions for the funds, yet the cashier failed to reconcile the money before taking leave, leaving large sums unaccounted for. Consequently, the court applied the legal presumption of intentional damage under Article 124 of the Civil Code, holding the employees liable for the full loss.
Legislator headnote
AI generatedArt. 124 § 1 pkt 1 KP; Art. 124 § 3 KP: In cases of cash shortage where the employer provided conditions guaranteeing the security of entrusted funds, it is presumed that the damage was intentionally caused by the employee materially liable for the property, who bears full responsibility.