Employee liability for damages resulting from illegal transport activities: summary dismissal and compensation claim following tobacco smuggling.

After a check by British Customs, it appears that a Dutch truck driver was smuggling a large load of rolling tobacco. The employer summarily dismisses him and claims a large amount of damages. Must the driver pay this? You can read about it in this blog.

Tobacco Smuggling

On 9 June 2024, a driver transported a load of flowers by truck to Calais, with the United Kingdom as the final destination. British Customs conducted an inspection, and it turned out that the truck contained not only flowers: a large quantity of tobacco was discovered, namely 150 kilograms (enough for approximately 3,000 packs of cigarettes). This tobacco was also transported in flower boxes. The British authorities therefore refused further passage, and the flowers could not continue.

Dismissal

The following morning, the driver’s manager contacted him and dismissed him with immediate effect. He instructed the driver to return to the company immediately. During the phone conversation, the driver also admitted that he had been doing such transports for “some time,” that he did not realise what consequences this could have, and that he regretted his actions. In another phone call with a colleague, the driver additionally admitted that the tobacco was his. To his employer, however, the driver claimed that he had not placed the tobacco in the truck himself.

Claim for Damages

The employer did not stop at the dismissal: he is claiming damages of more than €24,000 (gross). Because the driver smuggled tobacco, and was therefore not allowed to enter the United Kingdom, he was never able (let alone in time) to deliver the load of flowers. This caused damage to the company. In addition, the driver acted with deliberate recklessness, which means the employer can hold him liable for the full damage (this also follows from a provision in the employment contract).

Under the law, an employee can be held liable for damage if he (in short) causes damage to the employer intentionally or through deliberate recklessness in the course of employment. The employer is of the opinion that, since the driver took 150 kilograms of tobacco with him, he acted with deliberate recklessness and caused damage to the company in the course of employment, and is therefore liable.

The judge finds, in view of the phone conversations with the driver’s manager and another colleague, it sufficiently plausible that the driver placed the tobacco himself and that it belonged to him. With that, the driver acted with deliberate recklessness and caused damage to the company in the course of employment.

Judgment

The driver finally argued that the employer could also have sent a colleague to complete the transport to its destination in the United Kingdom, and that he therefore should not be held liable for the full damage, but only part of it. However, no colleagues were available to take over the trip. Therefore, the court finds that the driver must compensate the full amount of damage to the employer. This comes down to a net amount of nearly €21.000. How the driver will be able to pay this remains to be seen, given that he has now lost his job and will likely not be able to return to the transport sector anytime soon.

Want to Know More?

Have you experienced problems with transport abroad? Or with any customs issues? Or do you have another legal question? Feel free to contact attorney John Wolfs, who has many years of experience in, among others, (international) transport and commercial law.

[1] Artikel 7:661 Burgerlijk Wetboek.