Supreme Court dismissed cassation, holding employer's lack of supervision excuses employee's partial liability for inventory shortage.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a regional court judgment limiting an employee's liability for a warehouse shortage to one-quarter of the total loss. The employer argued the employee should bear full responsibility, while the employee contended that poor management and lack of supervision by dishonest superiors justified the reduced liability. The court ruled that the employer's failure to provide adequate control and supervision constituted a contributing cause for the loss, thereby validating the lower court's application of the law to limit the employee's share.
Legislator headnote
AI generatedArt. 124 § 3 KP; Art. 125 § 2 KP: An employer's failure to exercise proper supervision or control over employees, particularly when caused by incompetent or dishonest management, constitutes a contributing cause for losses, thereby limiting the employee's material liability to the agreed portion.