Location: God's own country
Posted on: 26-06-06 10:41:21
Quote:
Originally posted by chandresh
Chandresh
sidenote: how come you also come up with a problem very similar to what TK narrates from time to time about his employer and the first one to respond to this thread is TK??
Chandreshji,
I think that problems of this nature exists in many work places in Canada.
In a Design firm, people could be sued for making a wrong drawings, in Sales field people can go wrong if they run into an accident while on company's business, in food industry people can be sued if they mix the wrong proportions of food, in manufacturing units you could be sued if you manufacture to wrong specifications a product etc....
In India, these mistakes will be buried underground but in Canada justice will not be done unless the cost of the mistake is deducted from the person who made the mistake. So we have got to be very careful in Canada and we all need to understand the liabilities that our work involves.
There are certain places in which wee need to be extra careful and these are one man offices and offices in which you have direct contact with the management.
BTW, i am not benprasad nor do i know him personally etc...Please also note that i canot post more than 2 posts in a day but i see by the minute every post that is being posted. I might have replied to the poster's initial post since i was also on a similar situation that he is. It is just coincidence. The only prominent person that i know personally is Mr. Sankaracharya. I have been to his home and i have been very impressed with his knowledge and understanding.
TK A
-----------------------------------------------------------------
I am a Gents and not a Ladies.
Dear All,
Thanks for your responses to my problem, 'Liabilty while .........'
The case is like this,
1. Ex boss or more probabely the company rented the car. My name was in the system of rental company as driver. As once a week or so we were travelling. At diffrent times, diffrent employee (whosoever was accompnying ex boss) were driving. Boss did not buy any insurance to save money.
2. The reason of accident was clearly the mechanical failure. My employer and me both explained to the police officer at site. Police report, I have, mention of this being a No Fault accident. The towing company person, the repair bills and other record should also have some direct or indirect mention of this being a mechanical failure.
3. My ex boss pays all the repair costs as there was no insurance cover bought on this vehicle. Now after about 6 months, he tracks back from his statement. He claims throgh a lettrer from his lawyer to me that this accident was due to all my fault and I should pay the repair costs.
4. I have contacted my own insurance company. They say that while I am covetred for my injuries even if I am driving a rented vehicle, but the rented vehicle is not covered. So basically I was asked by my boss to drive a non insured vehicle. as a new comer I was not expected to ask many questions.
Friends, how I save my skin from this situation when i am not at any fault. Can following points help me-
a. As a employer, was he not obliged to have insurance on vehicle when asking his employee (me) to drive.
b. There is a term Vicarious Liabilty wherein employer is responsible for such things. can someone throw some light on this.
c. two or three days after this accident, I was removed from the job. My last week salary was stopped. On my appeal to Ministry of Labour, this money was released. Then my employment insurance was contested by this employer. HRSDC decided in my favour. He went ahead with anther appeal to HRSDC to stop my EI. He lost again and my EI was upheld. And now this new case....
During my brief stay of 2-3 months, 9 employees were hired and fired. I can guess, these things are still in practice at this workplace. Some of my colleages were in touch with me after I was removed from job.
Presently I am out of country for my job which I joined much before this letter came to me. At this stage how do I respond to this notice from lawyer? As at my present country of job (China) I do not have access to the pertaining records, Should I just tell the lawyer this thing/ My family in Canada tell that I am out of country for employment reason.. I tried to speak to some lawyers. They opined that in my absence they are not in a position to help me much.
I expect views from fellow desi members.
Ben
Ben
It looks like a straight forward case in your favor. I would suggest you to consult a Lawyer and fight the case in the court. As you mentioned that Police report establish you at NO FAULT.. So you won’t have any problem in winning the case.
Secondly, if you are traveling in a rented car on company's business than company is solely responsible for any mishap. Normally Corporate Credit Card (I assumed you might have used to rent the car) covers the insurance liability if not than your company is suppose to pay the insurance premium on the rentals.
Your best bet would a good lawyer.
-----------------------------------------------------------------
Dont help others because others have helped you,,,,help others because its the right thing to do!!!
http://www.indopia.in/
In reply to the letter received from his lawyer, may I write a letter stating the facts, as no lawyer in Canada is willing to reply on my behalf when I am in China for employment reasons and can not provide all records to lawyer. I will be coming to Canada this year end.
The vehicle was not insured and I was asked to drive it as an employee for my employer, who was also accompanying in the vehicle. In fact my ex boss is trying to contest the police report now to get this repair costs from me. He has already paid the repair costs to rental company.
Now which option is best for me-
1. Reply myself to his lawyer refuting the charges.
2. Me (in China) or my family (in Canada) write to his lawyer that I am in China and do not have access to the complete record pertaining to this incident and will reply when I am back in Canada in this year end.
3. Any other option?
Ben
