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Where Do We Stand

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0419brockster View Drop Down
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Joined: 21/December/2011
Location: Australia
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  Quote 0419brockster Quote  Post ReplyReply Direct Link To This Post Topic: Where Do We Stand
    Posted: 21/December/2011 at 13:04
Hi All, I work for a mining contractor as a Safety & Training Coordinator. The Mining company uses a cleaning and catering company to look after the camp and messing facilities.
Over the last few months there have been a spate of thefts on site. These range from stolen from locker rooms to taken from rooms at camp which are secured with locks on doors so the only people with access to them is the catering and cleaning staff who have master keys. When arriving at site all people are told to read and agree to some village rules which are signed off on. In the village rules there is one statement regarding security:

"No responsibility shall be accepted for the loss of or damage to personal belongings and it is strongly suggested that valuables and money not be left in rooms. All alleged incidents of loss or damage should be reported immediately to the Village Manager."

One person has had a one of a kind valuable ring stoilen from his locked room, when reported the camp manager said he would ask around, but who is going to admi to stealing so it was a pointless task. Is ther anything that can be done. It has been reported to the police. Does this statement from the rules basically give them a get out of jail free card.

Brock

MickOne View Drop Down
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Joined: 29/November/2010
Location: Australia
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  Quote MickOne Quote  Post ReplyReply Direct Link To This Post Posted: 21/December/2011 at 15:23
Yes it does. Essentially they have made you aware that you store your property at your own risk, not theirs. Some may carp about duty of care etc. but they have given you a set of terms under which you use their facilities.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 21/December/2011 at 20:33
I don't think it is quite as clear cut as that, should the person who has suffered the loss choose to make a claim on the company, it is possible that the company's insurance will pay up, in the same way that the insurance on a boarding house or hotel pays for losses up to a certain value, despite the notice in the rooms that valuables should be locked in a safe. The owner of the property does have a level of responsibility that cannot be escaped by the addition of a notice. After all they provided the cleaning contractor with a set of keys and have a responsibility to ensure that the staff employed by that contractor have had a security check. If they have not done this, certainly they are responsible, and a case brought against them in a court will succeed.

Does the mining company provide safes in the rooms for valuables to be stored? If not their notice about storing valuables is a bit pointless.






Edited by MartinO - 21/December/2011 at 20:34
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

AsiaOilDude View Drop Down
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Joined: 17/February/2011
Location: Singapore
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 22/December/2011 at 00:32
I'd push it too. I've worked on both mining and offshore rigs and frankly the company does have a responsibility to control theft - you KNOW they would be cracking down if it was work gear that was being pinched!
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MickOne View Drop Down
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  Quote MickOne Quote  Post ReplyReply Direct Link To This Post Posted: 22/December/2011 at 13:18
Insurance company will happily reject on the basis of the notice. The notice is not there simply to scare people off, it sets out a limit on their liability.

0419brockster View Drop Down
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  Quote 0419brockster Quote  Post ReplyReply Direct Link To This Post Posted: 22/December/2011 at 17:35
There is no safes supplied and we are not offered any access to any. Would it be worth while to talk to a lawyer?

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 22/December/2011 at 19:59
I believe so.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

0419brockster View Drop Down
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Joined: 21/December/2011
Location: Australia
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  Quote 0419brockster Quote  Post ReplyReply Direct Link To This Post Posted: 23/December/2011 at 19:31
Thank you for the replies
Brock

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