SA Cost of repairs to (rented) vehicle payable by employee?

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Kathy Adamson

Active Member
26 October 2019
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My son works for a florist who rented a van from a car rental company for deliveries. He was asked to drive the vehicle and in the course of doing so accidentally scraped the roof whilst parking under a tree at the direction of the employer. Apparently, the cost of roof repairs (over $3000) is not covered by the car rental insurance. The employer expects my son to pay. Can this be right?? The rental agreement is between the employer and the car rental company, and my son does not have a written contract of employment.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
The employer is responsible to the car rental company.

Employees can be responsible for their actions if they are reckless or wilfully cause damage.

Based on your post, it is unlikely your son was reckless. He would be reckless if he knew or was told the branch was at risk of damaging the vehicle and he proceeded to move the vehicle anyway.
 

Kathy Adamson

Active Member
26 October 2019
7
0
31
My son works for a florist who rented a van from a car rental company for deliveries. He was asked to drive the vehicle and in the course of doing so accidentally scraped the roof whilst parking under a tree at the direction of the employer. Apparently, the cost of roof repairs (over $3000) is not covered by the car rental insurance. The employer expects my son to pay. Can this be right?? The rental agreement is between the employer and the car rental company, and my son does not have a written contract of employment.
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