Employer liability for theft in education


Questioner

I work in education. During a weekend activity at the school, two laptops were stolen. The school was officially closed during the activity, and we were present with a small group. My colleague's and my laptops were in locked bags, which we placed out of sight, covered with our coats, in the auditorium. The students also placed their bags in the auditorium. Afterward, the entire group went for a cup of coffee. Upon returning 20 minutes later, we found that six bags had been searched, and the laptops had been stolen from two of them. The police were immediately called and a lengthy report was filed. Apparently, a stranger had gained access to the building through the back entrance. Both laptops were privately owned, but were used during work. (Both 3 months old, new price €1200 and €2200) The question now, can I hold my employer liable for this?

Questioner

Dear questioner, Do school regulations require the use of special storage cabinets, lockers, etc., if employees or students bring valuables to school? Did you have to use a laptop during the work?

Questioner

Dear, The school regulations refer exclusively to students. Students do indeed have their own lockers for this purpose. This facility is not available for staff. We do have our own office, which we can lock; every employee has the same keypad. While working, I did indeed have to use my own laptop.

Questioner

Your employer must take sufficient measures to protect you, the employee, from damage resulting from theft. This means you must have been given the opportunity to store your laptop elsewhere, in a more secure location. If this is the case, your employer could argue that you would have been better off keeping the laptop in your office. But don't let that deter you; you can consider filing a liability claim for damage resulting from theft due to negligent employer conduct and then wait for their response.

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