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Fellow Employee Maliciously Damages Car at Workplace?

Discussion in 'Employment Law Forum' started by Makedonija81, 9 July 2014.

  1. Makedonija81

    Makedonija81 Member

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    After a (ex) fellow employee went on what is best described as a violent rampage at work and assaulting another employee, he then walked out to the car park and viciously kicked in all my lights and caused some panel damage. We both are employed through a job agency and my vehicle is not insured so I'm left not knowing who is footing the repair bills?
     
  2. Owens Lawyers

    Owens Lawyers Well-Known Member

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    Have you reported the incident to the police? Depending on what state you are in, it's possible if he was charged and convicted, a magistrate could make a criminal compensation type order.

    For either the employer or the agency to be responsible, the damage would need to have been caused in the course of his ordinary duties. Employers are not usually vicariously liable in cases where an employee goes on a rampage.
     
  3. Makedonija81

    Makedonija81 Member

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    I live in Victoria, Aus. It happened while we were at work during work hours (not meal breaks ect) I have filed a police report with photo's of all damages taken.
    Maybe my next Question should be (having experience already with lawers & a injury claim) would it be cheaper for me to take him to court or repair the damages myself
     
  4. Owens Lawyers

    Owens Lawyers Well-Known Member

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    That depends on how much it would cost you to repair the damage yourself.
     
  5. Rod

    Rod Well-Known Member

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    If he goes to court and wins, can he recover some costs? eg Scale costs back from offender?
     
  6. Owens Lawyers

    Owens Lawyers Well-Known Member

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    I would imagine so, depending on the amount claimed and if the jurisdiction claimed in would allow costs.
     

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