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  1. #1
    Join Date
    Jun 2007
    Posts
    1

    Default Employer Liability for Actions of Employee

    Hi from Australia. Great site & forum. Nothing like it in Australia. Though we have a similar legal system.

    For 20 years I have worked for the govt. by approving building applications and carrying out inspections on buildings under construction. Unfortunately (for me) throughout Australia the law has been changed to now allow this work to be done by licensed private persons, so hundreds of govt. employees like me are being made redundant as the private sector takes over the building approval process.

    I felt safe from being personally sued working as a govt. employee but now have to consider private sector. I have been offered to work for a private building certifier and he says I won't be at any personal risk because I will be an employee of his company and his company (not me) enters into contracts to provide professional services. My proposed job is to check building designs that he will briefly review then personally approve under his own license and signature.

    Anyone trying to sue him will get nothing because all his assets are in his wife's name. I am not married, don't want to risk my home, am not far from retirement, and wondering if any person suffering loss due to any checking error I make might try to sue me (the employee) and whether they would be sucessful.

    Example scenario as follows: I check plans for a hi rise building and advise my employer they appear to comply with regulations, he briefly reviews my work, signs the approval, and some years later a person topples over a balcony and dies as the handrail was too low and this was missed during initial check of plan by me, and also missed during brief review of my work by my employer.
    Regards

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,673

    Default Re: Employer Liability for Actions of Employee

    I'm not familiar with Australian law, but if you were here in the U.S. I would tell you to go to your insurance agent and discuss the possibility of getting liability insurance to protect you in case of a lawsuit.

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