Company Car Keys Stolen - Who Pays for Replacement?

2024 on 05/03/2022 - 17:05
Last edited 11/03/2022 - 20:16

I’ll cut to the chase:

Someone I know had their company car keys stolen while they were performing work, in a busy retail environment during trading hours..

His side of the story is that he used the keys to open a box, placed them on the checkout counter, unboxed the contents at the same checkout, and they were gone.

CCTV supports his claim, that they were stolen.
Staff at the store reviewed the footage, and the unknown person that stole the keys is seen making a transaction at a self checkout a few minutes later, and leaving the store. That transaction was paid for with eftpos, and a police incident was raised.

Is the employee liable for the cost to replace the car keys?

Poll Options

  • 105
    Employer
  • 16
    Employee
Education & Work

Comments

  • Hybroid on 05/03/2022 - 17:09
    +7

    while they were performing work

    Employee not liable. Work insurance applies.

    We have a few company pool cars for site visits. Anything that happens to them while working is on the company thankfully (except fines).

  • k-rokfm on 05/03/2022 - 17:29
    +5

    Employee also wasnt being negligent with them either, so employer pays

  • AndyC1 on 05/03/2022 - 17:32
    +2

    So who stole the keys? The CCTVT will show who stole the keys.

    Do you have a police incident number?

    • 2024 on 05/03/2022 - 17:36

      yes, and the store even reviewed the thief on CCTV and matched it to a transaction, paid Eftpos. I don't know why the police didn't chase it up.

      I'm on the fence because it could be argued he was negligent by leaving them out on the checkout…

        • 2024 on 05/03/2022 - 20:00
          +1

          I’m not convinced that you comprehended what I wrote. There is a police report, and a person (who is not the employee) is seen on cctv taking the keys and leaving.

          I’m not the employer and I’m not the employee :)
          I heard about it from the employee.

      • dust on 05/03/2022 - 18:37
        -4

        I don't know why the police didn't chase it up.

        Because it doesn't involve strip searching 14 year old girls or picking up school girls at train stations whilst they're on shift.

      • USER DC on 05/03/2022 - 21:37

        that eftpos could be a stolen card too

      • ThithLord on 07/03/2022 - 10:46

        I'm on the fence because it could be argued he was negligent by leaving them out on the checkout…

        The person responsible is the person who committed the crime, bro

  • AustriaBargain on 05/03/2022 - 17:43
    +6

    Fairwork says employees can't be charged money for things like this. If that someone stole the keys rather than losing them, then the employer may have some recourse. But merely losing them accidentally does not mean the employer can charge the employee for their replacement.

  • bobbified on 05/03/2022 - 19:06
    +1

    Once again, we have another question for everyone, but a shitty story that provides jack all for details.

    • 2024 on 05/03/2022 - 19:17
      -3

      I could’ve posted as “keys got stolen” but I did actually provide some details lols

      What more details do you need lol? Latitude, longitude? Time of day? Mothers maiden name?

      And it’s not my story. I’m not in a position to provide too much identifying information. I have not even sought the consent of anyone involved to even ask this or create a poll.

      • bobbified on 05/03/2022 - 19:25
        +2

        His side of the story is that he used the keys to open a box, placed them on the checkout counter, unboxed the contents, and they were gone.

        What's a 'box'?
        Where is this box? Inside a building? Somewhere that's public with lots of people around?
        Did he leave the keys completely unattended and go somewhere else to "unbox the contents"?
        Did it take him a minute to unpack the box or was it a whole day?

        Basic info like that would help people understand the situation on whether he might've been negligent or not etc.

        And yes.. his mother's maiden name please.

        • 2024 on 05/03/2022 - 19:28

          Aha sorry haven’t got the maiden name.

          Checkout should be a clue as to how public of a space this was, and where it was. For instance, checkouts don’t exist at a national park…
          Transaction CCTV, and eftpos offer more clues aha

          The box had some equipment in it that was being installed at the checkout. Not certain how long the keys were out, but I do know it was moments, not hours

          • bobbified on 05/03/2022 - 19:34

            @2024:

            For instance, checkouts don’t exist at a national park…

            There are plenty of places where there's a checkout. In a place acccesible by the public like in a retail shop and then there's checkouts in private places too like if someone is checking out certain equipment/tools.

            Transaction and eftpos offer more clues aha

            This is not in your original post. lol

            • 2024 on 05/03/2022 - 19:37

              @bobbified: Oops, I get your point.
              These checkouts are very public

              I’ve updated the post :) thanks for helping me clarify it

              • Hirolol on 06/03/2022 - 08:21
                -2

                @2024: I like how you ask for people opinion, then when people comment you be a complete smart arse.

  • rektrading on 05/03/2022 - 19:14
    -4

    placed them on the checkout counter, unboxed the contents, and they were gone.

    The worker is incompetent and can expect to be the first one to be cut when business slows down.

  • mapax on 05/03/2022 - 19:37
    +1

    Is it company policy to open boxes with the company car keys?

    • 2024 on 05/03/2022 - 19:38

      Aha I doubt it but perhaps they are the only tool provided to the employee for this task.

      company policy probably only covers opening company boxes with company keys on company premises

      • kiitos on 06/03/2022 - 10:17

        Were there keys or tools on the keyring that are needed to open and close the box? Of so, reasonable to expect them to be left next to the work area. If he was dodgily using the car keys to lever something open instead of using a proper tool then different story

  • JimmyF on 05/03/2022 - 20:33
    +1

    Is the employee liable for the cost to replace the car keys?

    Sorry OP, You as the employer are liable for the replacement costs as the employee did nothing wrong.

  • USER DC on 05/03/2022 - 21:43
    +1

    Why should employee have to bear the cost? Did he sign a contract with company that says keys in his possession are his responsibility? that says something like any damage resulting from the actions employee will be liable ?

    Or

    Did he do it intentionally? do you evidence supporting his involvement in that?

    Most probably you do not, So he is not liable.

    Employer is liable for company's property. Employee was following the usual standard by sounds of your words i.e. opening box in company premises etc. Employers can also usually claim it as a loss i believe (i may be wrong) like a tax write of or something, But no employee can like deduct something like this from their taxes (lost revenue from company) since employee didn't own the thing to begin with.

  • OzHunterNSW on 06/03/2022 - 15:32

    It falls under insurance. The company lodges a claim with their insurer.

  • brad1-8tsi on 07/03/2022 - 13:03

    cost of doing business if it was a company car

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