Guys,

Here's one for you. I need information on whether I as am employee are responsible for damage to a customers property.

I have been working at this company for 4 weeks. Basically, I was delivering something to a shopping centre and didn't see one of those "Maximum 3.5m high" signs and ending up bending it pretty badly. My employer says that I am required to pay for it, but I dispute that, as his insurance should cover things like that. I have been told it's going to be about $2000 to fix the sign thingy and also that my employers insurance excess is $2000. He said he doesn't want to go through insurance as his premiums next year will be higher.

So? Anyone got a link to any relevant laws that would show me what I am legally obligated or NOT obligated to do? I have had a look around the net for the last hour or so and have drawn a blank.

I realise it was my fault but isn't that what insurance is for?

Have you signed any sort of contract with the employer?

edit: it strikes me as massively unlikely you'd have to pay for it

last edited by trog at 21:49:36 12/Nov/07

You're not obligated to hit signs

form what I know they should pay for it as its work related, I mean, If I have a car accident or any thing to and fro work then I am covered with them.

bahahaha i has insurrance but i dont wanna make a claim cause it will cost me more next year... will it cost 2000 more?

next time, run

tell im to stick it in his arse.

cheap c***

http://en.wikipedia.org/wiki/Vicarious_liability

If the matter got taken to court the employer would be found to be responsible for the loss unless it's implied in the employment contract.

While your employer is liable to pay for your wrongs (ie if you committed negligence), they are legally entitled to indemnify their loss (ie claim back) from you.

Shouldn't have taken my time to get the words right. I was also about to add the wiki link. I concur with that stuff. Google vicarious liability.

last edited by Triamks at 22:23:13 12/Nov/07

My soon-wifie dinged her work car by backing into someone - she didn't have to pay a cent to fix it.

Just go to your Union, they will know what to do.. O yer..

Toll made a good point Patty...

ring up the workers union mate

vicarious liability will apply, unless you were found to have breached the employer's training and policies.

When I worked for the post, if you drove your van into anything on a customers property, the post would pay for damages. I think that was only for the customers though.

Also, $2000 for a sign, seems a bit rich..

If you've committed tortious act (which you have) during the course of your employment you and the employer are Jointly Liable

Normally victims will chase the employers - law of deep pockets. Business has more $$ than it's employees.

Yeah been there and done that, my last employer requested that I pay for damages to a work van that I drove into a pole and it was a major stress out so I feel for you however, I argued that their insurance policy covers accidents and if I had to pay for damages I would just quit as I could not afford the loss of income.

Computer rental company?

So what about speed limit signs? Stop signs? Pedestrian crossings? How about red lights? Do you not notice them too while you're driving?

So what about speed limit signs? Stop signs? Pedestrian crossings? How about red lights? Do you not notice them too while you're driving?

They're a little bit different to height signs, which typically you're not looking out for unless you're experienced in driving in high vehicles. I never ever ever look at height signs because I've never driven anything taller than a small car

Don't go back to work and don't allow yourself to be contacted for a few weeks. Lay low while you job hunt, maybe get a different phone number for that...

Don't go back to work and don't allow yourself to be contacted for a few weeks. Lay low while you job hunt, maybe get a different phone number for that...

I assume you are joking because this advice is silly

wheres your precious jebus now?

I assume you are joking because this advice is silly

Indeed, what he should be doing is booking a flight today to Panama and moving all monies to off-shore accounts.

Yeah Panama is your best bet. I doubt they have height signs there.

I assume you are joking because this advice is silly

Totally serious.

Firstly - you're not doing yourself a favour by staying there.

Secondly by telling your boss you are no longer working for him - you are actually doing this a****** a favour by letting him know he needs to hire more staff. Frankly if you think he's broken the terms under which you agreed to employment - then you do not owe him any notice or explanation.

If you are concerned about collecting your holiday pay and super and stuff - harden up and move on...

Raven, you're a c*******. Pure and simple.

In the 6 years I have been driving trucks, I have hit only one thing ... this overheight sign. Until you do what I do on a daily basis, f*** off and keep your idiotic comments to yourself.

...... anyway .....

lol driving for 6 years and still don't pay attention to height signs;)

In the 6 years I have been driving trucks, I have hit only one thing ... this overheight sign.

Errr I beg differ!

Also I need legal eagles in the Brgggh! Can anyone help?

When doing the Posty runs in peak hour every week day for 4 years or so I only bumped into 1 pole. There was this one pick-up where almost every driver who did that run scrapped the side of the van good, including my sister. So much damage to be had for each driver on average. Employer should toughen up and fork out for it.

Post your problem dodgy

Sorry that was a toontown joke.
And if u mean to my first comment he knows what I am referring to.....

Sounds like a bummer, I hit a sign a few months ago, except it was a keep left sign right in front of me and it was 8am on the way to work, no excuse s*** just happens.

oh i totally had you confused with whitewolf

hope your not offended

hows the new week gone m8? is he still claiming you're liable?

Yeah, he sure is.

Dodgymon, I should have made my point a bit clearer I suppose .... first time I have hit anything in a TRUCK.

noted.

f*** it. I handed my notice in tonight.

Got another job in the pipeline which is better pay and a lot less dodgy c*** running the show.

and they all lived happily ever after!

lol wtf were you driving thats >3.5m tall

your mum?

your family is kinda freaky dude