law advice (1 Viewer)

[0o0]

hi all.

i would like to have some semi expert legal oppinions about a recent incident that happened to me.

so i work casual as a cleaner at some events and stuff sometimes, good money. anyway, that evening, i was put in charge of cleaning 3 levels of carparks. my job was basically to sit on this big cleaning machine, and drive around. good money for virtually doing nothing, but i am responsble for getting rid of things the machine cant handle. (like abandoned chairs)

so it so happens that this old bloke was coming down from one of the upper levels and slips on some rubbish, wet plastic bags or something. i rushed over to help him and call for extra help in case, everything is ok. but he is blaming it on me, saying i should have cleaned it properly etc. im not to sure, but i think the old coot is going to pursue it even further.

now the thing is, yes it is my job to clean those things, but i have 3 levels to take care of and its impossible for me to be at point Y when im at Point A. i cant snap my fingers and everythings finished, it takes time, and it jsut so happened that this old prick was in an area i had yet to get to.

im not an expert on the law, so i have little clue of what could happen to me. my main fear is losing my job because the company doesnt want to take the heat for me even though its not my fault. ive heard ridiculous cases where people got thousands for slipping with no serious injuries or spilling hot coffee on themselves etc

so if someone smart could let me know basically what i could expect if the old coot takes it further.

i would also like all BOS members to take not of this, because most of you will be doing this job fulltime very soon in the future.

 

[MoonlightSonata]

Basically if he was going to sue, he would sue for negligence. The occupier of land owes a duty of care to any entrants on it. However, from what I understand of the facts, he would have to sue the company, not you. Since what you were doing was in the scope of your employment, principles of vicarious liability would be relevant. So probably at the worst, the company would fire you. But you're safe from being sued.

The usual disclaimer applies: you rely on any legal information I provide at your own risk.

 

[0o0]

many thanks

that is what i initially thought, so if the company does fire me. what can i do? can i claim unfair dismissal and say it wasnt my fault? (which it wasnt)

and what is "principles of vicarious liability" ?

 

[santaslayer]

Vicarious Liability just means that the duty would be on the employer itself/themselves. You would not be legally liable. It really means that the employer would and should take the responsibility. (I hope I remember it correctly-HSC Legal Studies )

It wouldn't be unfair dismissal if the company WAS liable. ( That would seem logical, I have no legal references, please take my crap with a grain of salt. )