I PKN 114/97
Generato dall'IA
Employee liable for theft damage under general rules if employer negligence was a main cause.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the cassation appeal against a labor court judgment awarding damages to a bank for stolen funds. The bank argued that the employee's full liability should be overturned because the theft was an independent cause, while the court found the employer's failure to secure the vault was a primary cause of the loss. Consequently, the court ruled that the employee remains liable under general material responsibility rules rather than the exemption regime.
Regesto Legislator
Generato dall'IAArt. 124 § 3 KP; Art. 234 KPC; If damage to entrusted property arises mainly from causes independent of the employee, the exemption from special liability applies, but the employee remains liable under general material responsibility rules.
Parole chiave
Generato dall'IA
employee liability
entrusted property
theft causation
labor law
material responsibility
employer negligence
cassation appeal
Disposizioni normative citate
Generato dall'IAArt. 124 § 3 KP
Art. 234 KPC
Art. 393 § 13 KPC