Your employees must leave their tools at work? Read this…

Release date: December 1st, 2015

A mechanic was suing his ex-employer for damages amounting to the value of the tools belonging to him, which were stolen when they were left on site at the workplace. According to the employer, no fault was committed and he could not be expected to compensate the employee. According to the Court, it was the employer who implicitly required that the employee’s tools remain at the workplace outside working hours. Consequently, under the provisions of the Civil Code of Quebec, the only way for the employer to avoid liability was to prove this was a case of force majeure. Now, in the Court’s view, the theft of the employee’s tools cannot be deemed an unforeseen and irresistible event, notably because the evidence showed that the thieves had the key to the premises and appeared to be aware of the fact that the alarm system was not activated. The employer therefore bears responsibility, but the amount claimed by the employee was reduced in view of the lack of evidence as to the value of the tools.

Bourgeois v. 3093-2701 Québec Inc. DTE 2015T-210, 2015 QCCQ 1453, Justice Jimmy Vallée


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