Jugement Kantonsgericht (VD - HC/2020/365)

Canton:	VD
Case number:	HC/2020/365

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/365 vom 25.05.2020 (VD)

Date:	25.05.2020
Force of law:	-

Summary:	The employee H.________ filed an appeal against a ruling of the Labor Court of the district of Broye and Nord vaudois. The court had decided that H.________ is liable for a claim for damages of the masses in bankruptcy of G.________. The appeal was dismissed. The court found that H.________ is responsible for the damage, as he violated his duties as an employee. H.________ must pay damages to the mass in bankruptcy of G.________. More detailed summary: The employee H.________ was employed at the company G.________. In 2019, G.________ was declared bankrupt. The bankrupt estate of G.________ demanded compensation from H.________ for any loss it had suffered as a result of his actions. The Labour Court of the District of Broye and Nord vaudois ruled that H.________ is responsible for the damage. H.________ appealed against this judgment. The Chambre des recours civile of the Canton of Vaud rejected the recourse. The court found that H.________ is responsible for the damage, as he violated his duties as an employee. H.________ must pay damages to the mass in bankruptcy of G.________. Explaination: Art. 91 al. 1, 308 al. 2, 319 let. a and 322 al. 1 CPC: These articles of the Swiss Civil Code (ZGB) are relevant for the judgment. Art. 91 al. 1 ZGB regulates the jurisdiction of the Chambre des recours civile. Art. 308 al. 2 ZGB regulates the admissibility of appeals against judgments of the labor courts. Art. 319 let. a ZGB regulates the conditions for a claim for damages. Art. 322 al. 1 ZGB regulates the liability of the employee for damages that he causes to his employer. Statuant à huis clos:The court conducted the trial in private. Mass en faillite G.________ en liquidation:The mass in bankruptcy of G.________ is the totality of assets that remain in bankruptcy. divisant le recourant d’avec la Masse en faillite G.________ en liquidation:The court divided the appeal into two parts: a part in which it decided on the admissibility of the appeal and a part in which it decided on the merits of the appeal. liability:Liability is the obligation to pay for damage. has violated:h.________ has violated his duties as an employee by not following the instructions of his employer. I hope this summary is helpful.
Rule of Law:	Art. 100 LTF;Art. 107 CPC;Art. 308 CPC;Art. 322 CPC;Art. 52 CPC;Art. 74 LTF;Art. 91 CPC;
BGE reference::	-
Comment:

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

Click here to return to the page search engine.