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Stolen work property

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  • 13-11-2012 11:34am
    #1
    Bailarina
    Registered Users Posts: 1 ✭


    Can my boss make me replace a company handsfree kit that was stolen from my Car?
    I did not ask for the handsfree kit, it was given to me by my employer so that we could safely use our work mobiles in the car.
    Im really annoyed that he thinks I should have to replace it. My car was broken into and my radio & hands free where taken...


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    #2
    gozunda
    Registered Users Posts: 18,996 ✭✭✭✭gozunda


    Bailarina wrote: »
    Can my boss make me replace a company handsfree kit that was stolen from my Car?
    I did not ask for the handsfree kit, it was given to me by my employer so that we could safely use our work mobiles in the car.
    Im really annoyed that he thinks I should have to replace it. My car was broken into and my radio & hands free where taken...


    Presuming that the theft was reported to the Garda and the car is insured I can't see why this would not be covered under that policy as long your insurance covers for use outside domestic and pleasure


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    #3
    Mrs OBumble
    Registered Users Posts: 25,967 ✭✭✭✭Mrs OBumble


    gozunda wrote: »
    Presuming that the theft was reported to the Garda and the car is insured I can't see why this would not be covered under that policy as long your insurance covers for use outside domestic and pleasure

    Ahh, the OP does not own the hands-free kit, so I'm pretty sure that their insurance would not be expected to cover it.

    TBH, I'd expect the employer's insurance to cover it.


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    #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Mrs OBumble wrote: »
    Ahh, the OP does not own the hands-free kit, so I'm pretty sure that their insurance would not be expected to cover it.

    TBH, I'd expect the employer's insurance to cover it.

    Excess on the employers policy is possibly far greater than the value of the kit, so employer looking for employee to reimburse could be due to that?

    It's a tough one for the op though, they accepted having the kit in their car, then it got stolen.
    Not dissimiliar to having a work laptop and having it stolen.

    Never heard of an employer asking to be reimbursed before though.


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    #5
    Ursula85
    Registered Users Posts: 3 ✭Ursula85


    The car isn't yours, if the car was stolen would they expect you to pay for it, I doubt it. The kit is company equipment, they expect it to be used in the car, so I would expect them to replace it.
    Obviously if you had it in another car and weren't using it for work I'm sure you would replace it, but since it was in the correct place, the car, when it was stolen I would expect your company to replace it!


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    #6
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    What was the reason given? The only reason coming to my mind based on the policies I've seen with company cars would be neglience on part of the OP (i.e. parked at a location not allowed or similar) which would make the employe responsible to pay back a certain to full amount.


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    #7
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Ursula85 wrote: »
    The car isn't yours, if the car was stolen would they expect you to pay for it, I doubt it. The kit is company equipment, they expect it to be used in the car, so I would expect them to replace it.
    Obviously if you had it in another car and weren't using it for work I'm sure you would replace it, but since it was in the correct place, the car, when it was stolen I would expect your company to replace it!
    Nody wrote: »
    What was the reason given? The only reason coming to my mind based on the policies I've seen with company cars would be neglience on part of the OP (i.e. parked at a location not allowed or similar) which would make the employe responsible to pay back a certain to full amount.

    The OP suggests that the kit was given to them to put in their own personal car?


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    #8
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Stheno wrote: »
    The OP suggests that the kit was given to them to put in their own personal car?
    Sorry read that as company car for some reason but the same question still applies; what was the reason the OP got asked to refund it?


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    #9
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Nody wrote: »
    Sorry read that as company car for some reason but the same question still applies; what was the reason the OP got asked to refund it?

    Cos it was stolen from their car and the employer appears to think the op should?


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    #10
    Wils110
    Closed Accounts Posts: 548 ✭✭✭Wils110


    Just say they broke into your car cause of the hands free and you should have being supplied with a more discreet one and you want compensation for damage to your car


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    #11
    Ursula85
    Registered Users Posts: 3 ✭Ursula85


    Also read it as company car for some reason :)


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    #12
    tony81
    Closed Accounts Posts: 595 ✭✭✭tony81


    If your property was stolen from a company car, you would probably hear "tough luck, we are not responsible for personal property."

    However, the shoes on the other foot. I think you have a right to say "sorry, I am not responsible for company property."

    The question is though, are you responsible? Well, if your employer gave you the property without signing a contract, knowing that it would be kept in a private car (and, given the fixed nature of the kit not easily removable), and the kit remains your employers property, and you cannot insure against the theft of the property (not insurable as you don't own it) then I can't see why you would have to replace it.

    It may come down to duty of care. Do you have a duty of care to look after this property? Read your contract. If there's nothing in it about employer property and your employer did not pay you any extra to take the hands free kit, I really doubt you have a duty of care towards your employer.

    The only way you would be liable to replace the kit is if you intentionally damaged it, or perhaps if you were extremely negligent (like pawned it to buy money for crack)

    I don't think you should be liable for it. That being said, remember the old adage "don't bite the hand that feeds you"


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