Is a servant entitled to damages for embezzlement?
Saskatchewan, Canada
The following excerpt is from Wood & McCausland v. Barker, 1909 CanLII 75 (SK CA):
In Brown v. Croft (1833), 6 Car. & P. 174 N., Lord Tenterton, C.J., ruled that if a servant habitually embezzled his master’s property the amount embezzled is wholly immaterial; and, although the arrear of wages sought to be recovered may exceed the amount embezzled, the servant is not entitled to anything, shewing, I think, that damages for the embezzlement are not to be set off against the wages that would otherwise be due, but that no wages were due at all, on account of the breach of contract by the servant.
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