Harsh Burden of Proof Placed on Employers

Precedential Decision by Judiciary or Regulatory Agency

Author: Zoltán Csernus, Attorney at Law – VJT & Partners Law Firm

The Hungarian Supreme Court declared that the employer has the burden to prove that the damage suffered by an employee was caused solely by the unavoidable conduct of the injured employee even if nobody witnessed the accident. In said case, an employee died while replacing the lighting in a theatre managed by the defendant employer.

Employee’s Liability for the Penalty Paid by the Employer

Precedential Decision by Judiciary or Regulatory Agency

Author: Zoltán Csernus, Attorney at Law – VJT & Partners Law Firm

If an employer undertook a contractual obligation to pay a penalty and has complied with it, the amount paid by the employer shall be deemed as damage, which may be enforced against the employees liable for the breach of the said contract, according to the rules on the employees’ liability for damages. The trade union has no standing to bring proceedings against a unilateral instruction and regulation of the employer on its operation and organization. The legality of a unilateral instruction can be reviewed in a litigation initiated by the affected individual.