April 8, 2019

LPA v SC – Client settles after being sued for alleged embezzlement

Keywords: Damages for embezzlement by employee, settlement, notice of discontinuance

Facts:

LPA, the plaintiff was the owner and a licensee of a hotel, who employed SC as a bar attendant. LPA filed a statement of claim that SC embezzled money from their place of work. SC filed a Defence where he denied a thrust of allegations made against him by LPA and claimed the employment was on a ‘cash in hand’ basis. During this time, several other persons were also employed on the same basis. In the Defence, SC noted his position as a bar attendant required him to handle monies received from patrons at the hotel. However, it was the responsibility of the managers of the hotel to count monies received in the course trading for any particular day.

Outcome:

O’Brien Criminal and Civil Solicitors successfully acted for SC. As instructed, we offered to settle the proceedings with LPA on the following basis: judgement for SC, and each party to bear their own costs. The Plaintiff agreed to settle and a Notice of Discontinuance was executed by both parties.