Employment Rights

loi09

I recently put the wrong into a car and my employer charged me the cost i also placed hone heating oil in the car and it spilled he has now told me that i must work 5 hours for four weeks to pay this off is this allowed ?t

tatli_lokma

loi09 wrote: »

I recently put the wrong into a car and my employer charged me the cost i also placed hone heating oil in the car and it spilled he has now told me that i must work 5 hours for four weeks to pay this off is this allowed ?t

I would say your employer has a valid case for insisting on you reimbursing them for damage caused to company property due to negligence which your actions clearly was. As long as the value of your hour's does not exceed the cost of the damage then you can't really argue. The only other option would be don't work the extra hours but have the cost of the damage deducted from your basic salary

Maybe just be more careful in future? It's a company car, not your property so maybe treat it with a bit of respect?

Nody

tatli_lokma wrote: »

I would say your employer has a valid case for insisting on you reimbursing them for damage caused to company property due to negligence which your actions clearly was. As long as the value of your hour's does not exceed the cost of the damage then you can't really argue. The only other option would be don't work the extra hours but have the cost of the damage deducted from your basic salary

Maybe just be more careful in future? It's a company car, not your property so maybe treat it with a bit of respect?

Only a maybe; it would depend on what he has been trained in, what's he has been told is the policy about the car (i.e. did he actually break the policy?) and what the contract states (i.e. you can't simply deduct something because of a loss but has to have that stated as a possibility in the contract, with out that you'd need to have a hearing etc.). There is no direct right to deduct a loss because of an employee made a mistake; disciplinary hearing, warning etc. possibly but not automatic deduction.

tatli_lokma

Nody wrote: »

Only a maybe; it would depend on what he has been trained in, what's he has been told is the policy about the car (i.e. did he actually break the policy?) and what the contract states (i.e. you can't simply deduct something because of a loss but has to have that stated as a possibility in the contract, with out that you'd need to have a hearing etc.). There is no direct right to deduct a loss because of an employee made a mistake; disciplinary hearing, warning etc. possibly but not automatic deduction.

Correct, sorry I was assuming that it is included in the employees conditions as it would be very unusual to be issued a company vehicle without a policy book to accompany it. Most standard contracts for include a clause relating to the right of the employer to recoup any costs for damage or loss due to employee negligence or misuse

As for training, 99% of cars under 10 years old have a sticker on the fuel inlet specifying the fuel type, so what more 'training' is warranted is arguable.

All that said, even if deductions are permitted in the contract the employer still needs to notify the employee of the deduction at least one week before in writing and it can't exceed the cost of the loss.

citizensinformation wrote:

Where your employer suffers loss through your fault, for example breakages or till shortages or your employer supplies a service as part of the job, for example, a uniform, deductions may be allowed. In these cases a deduction (or payment by the employee) is only allowed where:
It is allowed for in your contract
It is fair and reasonable
You have received a written notice of the deduction - a full week's notice if the deduction arises from your mistake
The amount of the deduction does not exceed the loss or cost of the service
The deduction takes place within 6 months of the loss/cost occurring

Failure to pay all or part of the wages due to an employee is considered an unlawful deduction and a complaint can be made under the Payment of Wages Act – see ‘How to apply’ below. Likewise, unpaid notice, holiday pay, bonus and commission payments can also form part of a claim under the Act.

Nody

tatli_lokma wrote: »

Correct, sorry I was assuming that it is included in the employees conditions as it would be very unusual to be issued a company vehicle without a policy book to accompany it. Most standard contracts for include a clause relating to the right of the employer to recoup any costs for damage or loss due to employee negligence or misuse

The thing is I don't think it's a company car (hence the use of "a car" rather then my car or company car) and the OP rather works at a fuel station or similar. Of course with out the OP coming back we can not say for sure.

tatli_lokma

Nody wrote: »

The thing is I don't think it's a company car (hence the use of "a car" rather then my car or company car) and the OP rather works at a fuel station or similar. Of course with out the OP coming back we can not say for sure.

Didn't think of that! Just assumed it was a company car. TBH if a garage attendant put the wrong fuel in my car I would be livid. I know mistakes can happen but if not noticed in time it can be a very costly mistake. I did it myself once when we had only just recently bought a diesel and I was on my way home from the doctor feeling rotten and on autopilot put petrol in. It was only a fivers worth but it was 30 mins before it could be drained and cost me €60. Bad enough I did it myself but if the petrol attendant did it I would be even more angry.

I can understand why an employer would be angry at such a careless mistake and not just one but two which could result in not just expense for the mistake but loss of custom. Of course it needs to be in the contract, but such mistakes could lead to disciplinary procedures and possibly dismissal so reimbursement would seem like a better outcome for OP.