Schenker not liable to Fujitsu for stolen computers, thanks to exemption clause
Chief Justice Raymond Zondo confirmed that companies can and should protect themselves from workers’ theft using a proper contract
29 June 2023 - 17:30
The Constitutional Court confirmed on Wednesday that companies can protect themselves from liability arising from employees’ theft if they have properly drafted contracts.
The case arose after a worker for an import company stole a consignment of computers from Fujitsu, and the import company was sued for the missing stock, despite the worker committing a crime by himself. The import company was ordered in the High Court to pay $500,000 to Fujitsu, but after appealing, convinced the Constitutional Court it was protected thanks to exemption clauses in its contract...
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