THE LIABILITY OF AN EMPLOYEE VIS-A-VIS HIS EMPLOYER UNDER THE LAWS OF THE NETHERLANDS ANTILLES
His failure must be of certain gravity
In general, employees are liable for damage caused by them in the performance of their work which is claimed against their employer by third parties as well as for damage they have caused to their employer’s property. However, such liability exists only where the occurrence of the damage is deemed to have involved deliberate intent or serious negligence on their part (cf. art. 6:170 par. 4 and art. 7A:1615da Netherlands Antilles Civil Code).
If an employee embezzles money that belongs to his employer, the ground for liability vis-a-vis the employer would, in fact, be tort (‘onrechtmatige daad’). The employee has an obligation towards the employer to properly fulfill his duties, but failing to do so does not automatically constitute liability towards the employer. His failure must be of certain gravity (intentional recklessness or violation of law), more in particular, it must more or less meet the requirements of an unlawful act a.k.a. tort (article 6:162 Netherlands Antilles Civil Code).
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
