L
leinsterfan
Guest
Just wondering what the legal status on this is?
Suit destroyed when told to perform a work activity outside norm:entitled to expense?
L
leinsterfan
Guest
I'm working for a company (I didn't clarify that). Obviously I'm hopeful they'll just do the right thing and they probably will, but I need to know what the legal status on this is. Its an expensive suit and the activity was not something I would ever volunteer for.
To summarise:
You work in an office and you are expected to wear a suit to work.
You were asked to participate in a once off short duration unusual event/activity which is not part of your job description or your normal working day.
In carrying out the instructions your suit was damaged.
You want to know if you have any recourse legal or otherwise.
Is that a fair summary?
Did you or any of your colleagues get hurt or potentially get hurt in the incident?
Do you have a trade union?
Have you spoken to your immediate supervisor / manager / HR about it? and what was their reaction?
PS your original post was deleted as it contained far too much information.
You work in an office and you are expected to wear a suit to work.
You were asked to participate in a once off short duration unusual event/activity which is not part of your job description or your normal working day.
In carrying out the instructions your suit was damaged.
You want to know if you have any recourse legal or otherwise.
Is that a fair summary?
Did you or any of your colleagues get hurt or potentially get hurt in the incident?
Do you have a trade union?
Have you spoken to your immediate supervisor / manager / HR about it? and what was their reaction?
PS your original post was deleted as it contained far too much information.
dereko1969
Registered User
- Messages
- 3,046
Were both the jacket and trousers damaged? Have you brought them to a dry cleaner yet? Was it obvious to your colleagues that your suit was damaged at the time? Did you bring it to managements attention immediately?
Just wondering why you performed the non standard work activity as you said its not something that you would have volunteered for?.If its not in your job description or scope of practice, why did you actually do it? You had free will to accept or reject therefore accepting any consequences as a result.
L
leinsterfan
Guest
thanks for the above. the spirit of what I'm asking may be misunderstood. its a wonderful company and I would never harm it with a legal case for any monetary sum. Essentially I believe its probably right to compensate me but I'm interested to know if the law would back my opinion. If it wouldn't, then i believe its not right for me to ask - because laws evolve over long periods of detailed examination and argument (as opposed to my personal analysis which is more likely to be flawed).
In answer to questions:
1.The summary from ajapale is correct - except its the legal interpretation alone that interests me.
2. I got a few scratches but i don't care about that.
3. I'm not in a trade union and i've zero interest in ever being in one.
4. Spoke with manager (who is very sympathetic) and HR (who've never seen a case like it before and is looking into it)
To answer Dereko:
1+2.Only trousers damaged but completely non-repairable.
3. Yes - loads of people saw me fall and saw the damage
4. Yes - I told and showed my manager within an hour
To answer Spudz: It was actually a required activity - I'm of a mindset where I'll do anything (as long as not morally incorrect) to help and promote whatever organisation I work for. I do much more than my job description demands (as do many of my colleagues). The request was a required activity but I wouldn't have worn my suit if I had known what it was in advance and we were not made aware - therein perhaps lies the rub.
In summary I just want to know if the law would see my request as a reasonable one - because if it wouldn't, then I consider it unreasonable of me to ask.
In answer to questions:
1.The summary from ajapale is correct - except its the legal interpretation alone that interests me.
2. I got a few scratches but i don't care about that.
3. I'm not in a trade union and i've zero interest in ever being in one.
4. Spoke with manager (who is very sympathetic) and HR (who've never seen a case like it before and is looking into it)
To answer Dereko:
1+2.Only trousers damaged but completely non-repairable.
3. Yes - loads of people saw me fall and saw the damage
4. Yes - I told and showed my manager within an hour
To answer Spudz: It was actually a required activity - I'm of a mindset where I'll do anything (as long as not morally incorrect) to help and promote whatever organisation I work for. I do much more than my job description demands (as do many of my colleagues). The request was a required activity but I wouldn't have worn my suit if I had known what it was in advance and we were not made aware - therein perhaps lies the rub.
In summary I just want to know if the law would see my request as a reasonable one - because if it wouldn't, then I consider it unreasonable of me to ask.
I think your manager and HR will come to a good solution but you may be able to help.
Have you tried a tailor or (I'm guessing you bought a non mtm) even enquired to the store you bought it in that they might sell you a part suit ? They may have extras where damage has been made in transit to one part or the other ? Of course if you bought it in Hong Kong on your travels then rule this one out
OP, the old saying "de minimis non curat lex" ("The law does not concern itself with trifles") would apply in this case.
The law is one thing but I would consider it fairly usual custom and practice in employee relations for you employer to compensate you for legitimate expences incurred by you while working to instruction.
Under the health, safety and welfare at work act Employers and Employees have certain duties and responsibilities. The employer has a duty of care toward the employee and would be expected to conduct a risk assessment before requiring employees to engage in strange or unusual activities.
How much are we talking about to repair/replace the trousers?
The law is one thing but I would consider it fairly usual custom and practice in employee relations for you employer to compensate you for legitimate expences incurred by you while working to instruction.
Under the health, safety and welfare at work act Employers and Employees have certain duties and responsibilities. The employer has a duty of care toward the employee and would be expected to conduct a risk assessment before requiring employees to engage in strange or unusual activities.
How much are we talking about to repair/replace the trousers?