The Court of Cassation, with its recent order No. 27940 of October 4, 2023, has affirmed that, in cases of damage caused by a worker’s negligence, the employer may seek compensation from the worker, even without having initiated a disciplinary action for the same facts.
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The Case Examined by the Supreme Court
In this particular case, a bank director had failed to maintain a copy of the documentation related to a loan granted to a client company in a dossier. This omission prevented the bank from filing a claim in the client company’s bankruptcy proceedings, as the company had defaulted on the loan repayment.
Although the bank had raised a disciplinary complaint against the director, it ultimately decided not to pursue the complaint or take any disciplinary measures. Nevertheless, the bank filed a lawsuit against the director to recover damages resulting from his negligence.
In the lower court proceedings, the director argued that the failure to take disciplinary action should have led to the exclusion of the compensation claim since it was based on the same facts that were initially subject to the unenforced disciplinary complaint.
The Order
The Court of Cassation, in its referenced order, noted that:
- Disciplinary action and damage compensation claims exist on separate and independent grounds.
- The existence of established facts, even if not subject to disciplinary censure, can still give rise to the right to compensation for the damage caused because, in such cases, the employer’s interest lies in restoring the injured financial position.
The Court of Cassation, citing previous jurisprudential precedents, emphasized that the breach of fundamental duties of loyalty and diligence by workers not only warrants disciplinary sanctions but also triggers the right to seek compensation for the damages suffered by the employer.
The Court further clarified that this principle is even more evident in the case of workers holding positions of significant responsibility, as they occupy senior roles within the organizational structure.
Based on these considerations, the Court of Cassation dismissed the director’s appeal, confirming the legitimacy of the compensation amount requested for the damage suffered. Therefore, according to the judgment, the existence of established facts, even if not subject to disciplinary action by the employer, can still give rise to the right to compensation for the damage caused, as the employer’s interest is focused on restoring the impaired financial position.
