The project "stepped on the thunder", the company believed that the former employee was negligent in his duties, and demanded compensation of 110,000, and the court ruled

On March 7, the Beijing Court Trial Information Network disclosed the first-instance civil judgment of the labor dispute between Kyushu Securities and He Mou. According to the Kyushu Securities litigation, 1. He compensated our company for economic losses of 111844 yuan; 2. He returned 122384.12 yuan to our company's project award. The reason for the incident was that Kyushu Securities believed that He, as the main personnel of the project, presided over the issuance of the Kyushu Hanhai Collective Asset Management Plan and the Kyushu Hanhai Pearl Collective Asset Management Plan and conducted due diligence before the project was established, and wrote the due diligence report. However, the two phases of the asset management plan were not paid in time. The Company considers that Mr. He has seriously derelict his duties and has committed major faults. However, the court dismissed all of Kyushu Securities' claims.

It is worth mentioning that in November 2019, the Daily Economic News reported that Kyushu Securities had filed a lawsuit with the main personnel of the project, Wang Mou and Luo Mou, for the losses of the "Kyushu Hanhai Collective Asset Management Plan", demanding that the two compensate 336 million yuan for economic losses and refund the bonuses that had been paid. However, according to the second-instance judgment, the courts rejected Kyushu Securities' litigation claims.

Require the members of the project team to compensate for economic losses

On March 7, the "Civil Judgment of the First Instance of the Labor Dispute between Kyushu Securities Co., Ltd. and He X" disclosed by the Beijing Court Trial Information Network showed that in the litigation, Kyushu Securities claimed that He was originally a senior product manager of the financial asset management department of his company (did not return to work after submitting the resignation report on December 10, 2018), and presided over the issuance of the Kyushu Hanhai Collective Asset Management Plan and the Kyushu Hanhai Pearl Collective Asset Management Plan as the main personnel of the project during July and September 2017, due to the preliminary investigation of the project 3. The dereliction of duty and fault in the management of the medium-term post-investment and the disposal of the risk in the later stage caused economic losses to Kyushu Securities, so He was required to compensate for the losses and return the project bonus.

Source: Beijing Court Trial Information Network

The "Daily Economic News" reporter learned that the Kyushu Hanhai Collective Asset Management Plan and the Kyushu Hanhai Pearl Collective Asset Management Plan were established in July and September 2017 respectively, with a scale of 192 million yuan and 100 million yuan respectively, and the duration of existence is 1 year. The above funds are invested in the priority share of the Pooled Funds Trust Scheme, which is mainly used to finance Treasure Island. However, there were problems with the liquidity of treasure island funds and difficulties in the operation of the enterprise, resulting in the situation that the funds could not be paid when due, resulting in default, which also led to the failure of the above-mentioned collective asset management plan to be liquidated on time.

Because of the above incidents, the Qinghai Securities Regulatory Bureau decided in November 2018 to suspend the development of new asset management business for Kyushu Securities for six months (except for asset securitization business).

"In the case of the two phases of the asset management plan not paid in time, more than 100 investors asked our company to return the investment funds through visits and complaints, for which our company was suspended for six months, and at the same time, about 286 million yuan was paid to the investors, and the principal and interest and other expenses paid to the investors totaled about 336 million yuan." In the post-investigation, our company found that he's preliminary investigation of the project, the mid-term post-investment management, and the later risk disposal were all obviously negligent and faulty. Kyushu Securities said in the lawsuit.

The claim was dismissed

Kyushu Securities demanded that He compensate for the losses and return the project bonus on the grounds that he had dereliction of duty and fault in the preliminary due diligence, medium-term post-investment management, and later risk disposal of the two phases of asset management plans during his work.

In this regard, the court held that, first of all, Kyushu Securities claimed that its company was suspended by the regulatory authorities for six months due to a work mistake, but the "Decision on Administrative Supervision Measures" submitted by it did not show that there was a direct relationship with He's work, and the project included leadership decision-making, sales promotion, system implementation and other aspects in the implementation process, if only individual employees bear all the company's risks and responsibilities, it is obviously unfair, and the company's operation process is the collective decision-making and implementation of various institutions. It cannot be simply shirked as a matter of responsibility for an employee alone. Kyushu Securities did not submit sufficient evidence to prove that the project was decided by a certain person.

Secondly, the existing evidence of Kyushu Securities is insufficient to prove that its company was suspended by the regulatory authorities to carry out new asset management business for six months and that the company's economic losses were directly caused by He's work mistakes, and there is a direct causal relationship between the two.

Third, Kyushu Securities claimed that He was a member of the project team, but did not produce evidence to prove that He was the main decision-maker or person in charge of the project involved in the case, and the existing evidence was not enough to prove that the parties had agreed or the company had served He to the system stipulating that the project bonus that had been issued should be refunded if there was a problem with the project.

Finally, although Kyushu Securities claimed that its company had incurred economic losses due to Mr. He's actions, it only submitted the "Kyushu Hanhai Collective Asset Management Plan Contract Dispute Settlement Agreement" and the compensation payment statistics table, which was not enough to prove its actual economic losses.

In summary, the court held that Kyushu Securities' request for He to compensate for economic losses and refund the project bonus was unfounded and was not supported. All claims of Kyushu Securities were dismissed.

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There have been lawsuits to compensate employees for more than 300 million yuan

In fact, Kyushu Securities has had the news that employees have personally compensated more than 300 million yuan due to the thunderstorm of the Kyushu Hanhai series of projects, and it has also aroused strong concern in the financial circle.

According to the second-instance civil judgment of the labor dispute between Kyushu Securities and Wang and Luo, Kyushu Securities had proposed that Wang, as the person in charge of the project team, should bear the liability for compensation for the loss of the project. Therefore, Kyushu Securities filed a litigation request: requesting the court to order Wang to compensate For economic losses of about 336 million yuan for Kyushu Securities, and requesting the court to order Wang to refund the bonus of 1.7864 million yuan and related reasonable expenses of the project that has been issued.

Similarly, Kyushu Securities proposed that Luo, as the head of the project team, should bear the liability for compensation for project losses. Kyushu Securities filed a litigation claim: requested the court to order Luo to compensate for the economic losses of Kyushu Securities of about 336 million yuan, and requested the court to order Luo to refund the bonus of 255,200 yuan and related reasonable expenses of the project that had been issued.

For the litigation claims, Kyushu Securities also provided evidence accordingly. However, the court ultimately rejected Kyushu Securities' claims. The reasons are similar to the content of the above-mentioned He judgment, including that the project included leadership decision-making, sales promotion, system implementation and other aspects in the implementation process, and it would be unfair if only individual employees bear all the company's risks and responsibilities; Kyushu Securities' failure to submit regulatory measures and the company's economic losses were directly caused by the work mistakes of Wang and Luo; and Kyushu Securities failed to prove that Wang and Luo were the main decision-makers or responsible persons of the company.

It is worth mentioning that in another judgment between Luo and Kyushu Securities, Kyushu Securities also needs to pay Luo a total of 216,500 yuan in economic compensation for the termination of the labor relationship, wage difference and untaken annual leave. Similarly, in another judgment between He and Kyushu Securities, Kyushu Securities paid He a total of 59,300 yuan for the difference in wages and untaken annual leave wages.

Original title: The project "stepped on the thunder", the company believed that the former employee was derelict in his duties, demanded compensation of 110,000 yuan, returned the bonus of 120,000, and the court ruled...

Source: Daily Economic News