A sales employee deceived the company in which he works, and obtained 135,000 dirhams to complete tasks outside the state, and the company discovered that the employee had not traveled, and seized the sums for himself, and a criminal judgment was issued against him guilty, and he was fined 7,000 dirhams for the charges against him, and the court ordered the case to be referred to The civil court, which ruled obligating the employee to pay the company 70,607 dirhams, compensation for material damage, with a legal interest of 9% annually.
In detail, a company filed a lawsuit in which it stated that an employee working for it in the field of sales, was dispatched outside the country to follow up the company’s business, conclude contracts, and obtained 135 thousand dirhams, and it was later found that he was inside the country and did not travel, and he seized the amount for himself, and demanded to oblige the employee to An appropriate compensation shall be paid to her for the material and moral damages she sustained as a result of what the defendant committed against her, with a legal interest of 9%.
Whereas the employee’s agent submitted a memorandum, in which she demanded that the case be rejected, for lack of validity and proof, because the authorization of the criminal ruling is not absolute, and this does not prevent the case from examining the case by the civil judge, and making sure that her client seized the plaintiff’s money or not.
In the verdict, a civil civil court confirmed in the verdict that the expert’s report authorized by the Public Prosecution confirmed the employee’s seizure of an amount of 70,607 dirhams, which he obtained from the company to complete work for its benefit, and the employee provided invoices, without being able to prove the disbursement of the sums he received from The plaintiff, according to the expert’s report.
The court stated that the criminal court ruling, which ended with the conviction of the defendant, acquired evidence that the civil court adheres to, in accordance with the Civil Procedures Law, considering that the ruling was definitively and definitively decided on a common issue, which is the act of seizing the company’s funds.
The court considers that the employee’s request to refer the case to investigation to prove his innocence from any sums of money belonging to the plaintiff is a request that cannot be matched by the court, after it has been proven that the employee has been penalized for seizing the company’s funds.
She indicated that there is no dispute that the employee seized the company’s money and caused material damage to it, which was represented in the loss of its money, but without the company providing evidence of its exposure to other damages, and with it the court ordered the employee to pay the company 70,607 dirhams material compensation for what he suffered. From harm, in addition to his obligation to pay legal interest 9% annually from the date the judgment becomes final until the payment is completed, and the employee is obligated to pay the fees and attorney fees.
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