Supreme Court dismisses appeal; employer failed to prove employee's duty included supervising theft prevention.
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the cassation appeal against a labor court ruling that reinstated the employee to his position. The employer argued the employee, acting as a foreman, was responsible for preventing theft by colleagues, but failed to prove he was assigned specific supervisory duties or knew of the theft attempt. The court held that continuous supervision of all staff to prevent theft is not a standard foreman obligation and that the employer did not demonstrate the employee's intentional or grossly negligent breach of duty.
Legislator-Regeste
KI-generiertArt. 52 § 1 pkt 1 KP; Art. 56 § 1 KP; Art. 57 § 1 KP; The employer cannot dismiss an employee for theft committed by a colleague unless they prove the employee had specific supervisory duties regarding that theft and was at fault for failing to prevent it.