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Employee Causing Equipment Damage

  • 31-10-2014 5:29pm
    #1
    Zillah
    Registered Users, Registered Users 2 Posts: 17,371 ✭✭✭✭


    General question on the law:
    If an employee accidentally damages some equipment in the course of their work (in good faith rather than, say, gross negligence) they cannot be required to repay the cost, I presume? I can't imagine it could work any other way. There is a reference to how it works in the USA here:
    http://smallbusiness.chron.com/can-employers-force-employees-pay-equipment-10162.html

    If an employee accidentally breaks or damages equipment, the employer cannot require him to pay for replacement equipment. Accidents happen. The damage must be treated as a business expense. The employer can only require an employee to pay for damaged equipment, if the damage is done on purpose or because of gross negligence.

    I'm guessing it is largely the same here? Thanks!


Comments

  • #2
    brian_t
    Registered Users, Registered Users 2 Posts: 6,820 ✭✭✭brian_t


    Is this not similar to this thread ?

    Employer wants me to pay for damage in a road accident


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    What does the hypothetical contract of employment say hypothetically?


  • #4
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    I guy I knew in the UK has an interesting way of reducing damage and paying for the costs.

    He has a contract that gives employees a ten pound bonus every week if there is no damage. Its never been tested in law but did reduce the amount of damage his guys were doing to equipment. Any damage no bonus.


  • #5
    Zillah
    Registered Users, Registered Users 2 Posts: 17,371 ✭✭✭✭Zillah


    MarkAnthony wrote: »
    What does the hypothetical contract of employment say hypothetically?

    Let's say it's freelance sort of stuff so no formal contract.

    I imagine this is quite a simple law question for anyone familiar with it.


  • #6
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Zillah wrote: »
    Let's say it's freelance sort of stuff so no formal contract.

    I imagine this is quite a simple law question for anyone familiar with it.

    Under Section 5 of the Damage to Equipment Act 1934 type thing or in the case of Smith v Argos Ltd?

    There are far too many varibles to answer your queston. In general you'd have basic negligence but this could be modified under contract.


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