Six Cars Damaged at Workplace by Another Employee

LSM1LE on 28/02/2018 - 11:30
Last edited 28/02/2018 - 13:39 by 2 other users

Hi all,

I just wanted to get some advice on how I should proceed…

So my mum's brand new Jeep Grand Cherokee was keyed (pretty badly on one side) at her workplace along with 5 other co-workers, in a company gated car park. She always parks in front of the camera, however the company is claiming the camera wasn't working at the time of the incident. She is certain that the damage was caused by a co-worker (and has her suspicious on a individual, who once tried to steal her phone when she left it in the kitchen).

What you guys recommend we do ? its unfair my mum works 7 days a week and for someone to vandalise her car is unjust, especially at her workforce. She works the morning shift and has been under a lot stress following the incident..

I think will have to go through a insurance claim in order to fix the damages ($950 excess fee), I would love for the person who caused the damage to pay for it but we can't gather any evidence because the 'god dam' camera wasn't 'working'..

Any advice will be highly appreciated

Automotive

Comments

  • dasher86 on 28/02/2018 - 11:39
    +1

    don't go through insurance.

  • EightImmortals on 28/02/2018 - 11:43
    +26

    Call BS on the old 'camera wasn't working' line and keep bugging management until you get a copy of the footage. Pass said footage onto insurance company and the cops. Or just file a claim, $950 is cheaper paying for the respray yourself…but that wont stop the arsehat that did it from doing it again. Getting them charged and fired will. Also look into a dashcam for the car that keeps recording with the engine off.

    • dasher86 on 28/02/2018 - 11:57

      depends on the damage.
      I can get sectioned panels done for $300 each.

      • Kangal on 01/03/2018 - 21:22
        +22

        Nope. Under all circumstances a business should be free to share footage to whomever they want and whenever they want. It is their footage/property afterall.

        And sometimes constant badgering is the thing that can get them to say "okay, stop bugging me, here you go".

        • plague69 on 02/03/2018 - 00:14
          -6

          Most of the time, cameras stop working if not properly maintained and they actually don't work. That's life.

          Get a dash cam and learn the lesson… Repairs shouldn't cost $950 or more unless it cut down past the clearcoat.

          If you have the time and effort, then bug them. But If I where the person in charge of the cameras, it wouldn't matter how much you pushed. Pulling footage isn't that hard of a task. If there is footage, there must be some other reason for it.

          Better to tell them you'll stop bugging them if they let you know, off the books, if there is something preventing them letting you use it. If so, better spend time solving the problem than to push against a brick wall.

      • berry580 on 02/03/2018 - 16:46

        Lol.

  • John Kimble on 28/02/2018 - 11:44
    +3

    Keyed 6 cars in total?

    • SM1LE on 28/02/2018 - 11:49

      Yeah, the employees from the same department as my mum were targeted

  • shangoz on 28/02/2018 - 11:46
    +23

    Call Police to question the other worker.

    • SM1LE on 28/02/2018 - 11:50
      +1

      We've filed a police report but nothing has moved forward as of yet, hopefully management will do something

      • goraygo on 01/03/2018 - 20:04
        +8

        Harass the management and weekly follow up with the police.

        When one of them got sick of your follow up, they will do something. Good luck.

    • tonsta on 01/03/2018 - 22:57
      +1

      Agree, file a malicious damage report with the other victims directly to the police station and hopefully a understanding constable will look into, including asking for the footage. Don't expect too much, the company are under no obligations to provide you with anything without a court order.

      But even if they are able to prove malicious damage, what will your mum get out of it? its a scratch on your car.. dont expect too much buddy.

      Otherwise, insurance or fix it yourself and move on with life.

      • SM1LE on 02/03/2018 - 00:08

        I would like see the dude who did the damage to pay for his vandalism, maybe lose his job..

        • tonsta on 02/03/2018 - 00:30

          we all do.. but need the proof

  • [Deactivated] on 28/02/2018 - 11:55
    +40

    camera was working and HR don't want an internal incident which is why they arent releasing it

    • John Kimble on 28/02/2018 - 11:57
      +8

      That's really short sighted of them, especially if it happens again/keeps happening…

      • iratepirate on 28/02/2018 - 12:56
        +76

        HR departments are Not there to help the employees at all. They exist to prevent the company getting involved in lawsuits.

        • SPCTRE on 28/02/2018 - 13:01
          +4

          Agree camera probably were working and don’t want an internal issue happening.
          A lot of secure parking business do the same practice.
          Either don’t have cameras or claim they do not work and hope you’ll leave it at that.
          I know crown casino in Melb did this 10 years ago when my mate car was broken into.
          Exactly words as above “The cameras do not work, sorry”

        • John Kimble on 28/02/2018 - 13:09
          +1

          Yeah, I understand that perspective…but the more times it happens, the more work for them in the end and the potential for onus to be shifted to them for doing nothing, right?

        • SPCTRE on 28/02/2018 - 13:32
          +3

          Not if they have a sign “Enter at your own risk” and usually some “safety tips” like don’t leave valuables in car etc.
          Literally kill all liability on their end.
          For OP case best get a lawyer involved and push for footage.
          Police do not care about civil matters. They will redirect you to your insurance company unless injury was involved.
          Do you really think police have time to deal with every car that got keyed where cctv were in the area?

        • John Kimble on 28/02/2018 - 13:46
          +8

          @SPCTRE: But surely property damage is a criminal act?

        • dcep on 28/02/2018 - 14:17
          -3

          @John Kimble:

          private property = civil case

        • djkelly69 on 28/02/2018 - 17:27
          +12

          @phunkydude: Kill someone on private property = civil case?

        • whooah1979 on 28/02/2018 - 17:30

          @djkelly69:

          Nobody has been injured.

        • dcep on 28/02/2018 - 17:31
          -5

          @djkelly69:

          don't be a dick on picking words,
          read the post that i'm replying to,
          and use your common sense

          "But surely property damage is a criminal act?"
          "private property = civil case"

        • pegaxs on 28/02/2018 - 20:46
          +19

          @phunkydude:

          Wilful damage of property is a criminal offence, regardless of where it takes place.

          If the police drive past and see me smashing up your car in your driveway on your property, they just look and think, oh well, private property, that’s a civil matter??

          The damage done to OP’s mums car is both criminal AND civil. The act of vandalism is criminal and a conviction can lead to a civil suit to recover damages.

        • phocus on 01/03/2018 - 10:50
          +1

          @phunkydude:

          So you are saying if someone came around with a sledge hammer to your house and walks away. You need to call VCAT?

        • tonsta on 01/03/2018 - 23:02

          @John Kimble: yes it is, if its malicious…. like murder and rape is criminal act…. unfortunately we live in a finite world of police resources. Which would you spend time investigating???

        • Benicio on 01/03/2018 - 23:40
          +2

          @SPCTRE: signs do not waive any rights. They are nothing more than deterrents that hold zero authority.

        • pegaxs on 02/03/2018 - 00:15
          +2

          @tonsta:

          a finite world of police resources. Which would you spend time investigating?

          In some suburban street, booking people for doing 53 in a 50 zone.

          REVENUE, BITCHES!!! :D

        • imurgod on 03/03/2018 - 08:07

          @SPCTRE: this is not true. Disclaimers don't relieve you of liability. You have a duty of care that can't be contracted out of in Australia.

          That said, I don't believe the workplace has any duty of care in this regard.

      • whooah1979 on 28/02/2018 - 14:52
        +1

        Surveillance devices are used to protect company property and their employees.

        Employees property are the responsibility of the employees. This is where insurance comes in handy.

    • 2ndeffort on 05/03/2018 - 16:10

      Then what you need to do is create a bigger problem for the company than dealing with the HR issue. If the employee becomes more expensive than something else they will throw them under the bus as an easy out. Get some kind of legal letter sent to the company threatening action regarding poor security of the carpark. Claim with HR that you are now traumatized and worried about dangerous criminals targeting you in the carpark. Inquire in writing that management should pay for security patrols. Do this regularly via your personal email so that you have a copy. point out in subsequent emails that this is the 2nd, 3rd, 4th time you've made the request and be increasingly upset at their lack of action. Advise that you are so traumatized and scared that potentially you will need either stress leave or that they should now pay for taxis to get you to and from work so you can avoid the carpark altogether. Request Security presence when working on weekends or out of normal hours. This kind of thinking. At some point in time throwing Mr Scratchy under the bus will become easier than all of the other stuff and you'll get the footage.

  • dogboy on 28/02/2018 - 12:01
    +12

    Camera wasn't working? Sounds like a big steaming heap of BS to me..

    • tonsta on 01/03/2018 - 23:15

      they do work, they just don't want you to have the footage.

    • idonotknowwhy on 02/03/2018 - 11:15
      +5

      Stop wasting everyone's neg votes for the day lol

  • pjetson on 28/02/2018 - 12:12
    +3

    the company is claiming the camera wasn't working at the time of the incident

    Are you disputing that claim? What possible reason could the company have for lying about that?

    She is certain that the damage was caused by a co-worker

    How/why is she certain? Seems to me that there's no proof whatsoever.

    who once tried to steal her phone when she left it in the kitchen

    You haven't explained what this person has against the other five co-workers who also had their cars keyed.

    its unfair my mum works 7 days a week and for someone to vandalise her car is unjust, especially at her workplace

    I'm not sure what relevance any of that has.

    I'm sorry, but no evidence means no culprit. We don't do lynchings nowdays.

    • SM1LE on 28/02/2018 - 12:18

      Yeah I know with out proof, we have nothing but a damaged car.

      1. The HR manager is looking into the case atm

      2. It has to be done by a co-worker, as I mentioned it is a gated car park which requires a tag to enter. So it has to be a co-worker, I dont see a vandal climbing a gate and damaging the particular vehicles

      3. I am certain the guy is of a shady character and has obtained distrust from the department.

      • buckster on 28/02/2018 - 12:19
        +5

        I would think the police could force a release of the video footage? HR couldn't lie to them

        • John Kimble on 28/02/2018 - 12:21
          +7

          People lie to police all the time.

        • Islund on 28/02/2018 - 12:57

          HR increasingly is there for the company and not for the employees IMO

        • SPCTRE on 28/02/2018 - 13:03
          +2

          Not hard to delete footage and say camera were out of commission for said period.
          Easier to lie if there no evidence to haunt them.

        • whooah1979 on 28/02/2018 - 14:59
          +3

          @SPCTRE:

          Tampering with evidence is an offence in nsw under the crimes act.

        • SPCTRE on 28/02/2018 - 15:51

          @whooah1979:

          I agree but it’s a huge hassle for some people to go out of their way to prove such action :/

      • Smiley82 on 28/02/2018 - 15:37
        +4
        1. It has to be done by a co-worker, as I mentioned it is a gated car park which requires a tag to enter. So it has to be a co-worker, I dont see a vandal climbing a gate and damaging the particular vehicles

        If that's the case, ask for the security logs to be reviewed to see whose tags were in use during the time the damage was caused. All swipe systems have logs of when cards/tags were used to access areas.

    • tonsta on 01/03/2018 - 23:22

      Everyone seems hung up on the camera situation like its everyone's given right to access private footage of camera in the private domain.

      How would you like every Joe asking to access your computer because there may or may not be something on there regardless of the reason.

      Agree with pjetson. No evidence = no case. Unless company is cooperative or the police get involved and a court order/warrant is issued your out of luck.

  • bobbified on 28/02/2018 - 12:22
    +3

    and has her suspicious on a individual, who once tried to steal her phone when she left it in the kitchen

    If it was just your mum's car that got keyed, then it's possible she was targeted and maybe for the above incident. But six cars were damaged in total so it's hard to say that your mum was targeted.

    The person mentioned above is probably the only person that comes to your mum's mind that's capable of doing such thing. Im sure there would be many others who are capable, but aren't on your mum's radar.

    • airzone on 28/02/2018 - 13:52
      +1

      6 cars from the same department…

      • John Kimble on 28/02/2018 - 13:57
        +6

        I wonder if they were all parked together or scattered randomly around the car park and if there is exactly 6 people in that department or more people.

        • Deridas on 01/03/2018 - 22:40
          +1

          Something dodgy would be going on if the 6 cars were scattered…

        • jackary on 02/03/2018 - 12:55

          I would also really like to know this

        • SM1LE on 02/03/2018 - 21:22

          @jackary: Car were scattered, however still within distance of each other.. like a factor of a car in between one car and two cars were directly face to face.

  • Seraphin7 on 28/02/2018 - 12:35
    +9

    Police. Once they start investigating it will soon become clear if the camera was really working or not. Push the police on this matter stating that security cameras are available, but the relevant business won't release the footage.

  • [Deactivated] on 28/02/2018 - 13:44
    +16

    1 - file your own police report. Tell them there is security footage.

    2 - file your own internal security report, as you probably have already done.

    3 - file a complaint the camera wasn't working.
    Assuming there is signage as there should be, you are now feeling unsafe knowing that the cameras don't work.
    Mention the false and misleading signage + health and safety regulator.

    4 - Contact the CEO directly, indicating your concerns.
    They may not be aware.

    5 - Get quotes and claim on the companies public liability as it happened on their premises.

    • dcep on 28/02/2018 - 13:54
      +1

      "Get quotes and claim on the companies public liability as it happened on their premises."

      don't think so

      • [Deactivated] on 28/02/2018 - 16:04
        +9

        Just providing my 2c worth, but apparently as I work in HR I am just a company puppet.

        • thom on 02/03/2018 - 10:51
          +4

          "puppet" is a bit of a stretch (to describe an HR employee) IMHO. A lot of people like puppets, they are entertaining. I've never met anyone who could honestly say they enjoy dealing with HR, believe they add value or like HR.

        • [Deactivated] on 02/03/2018 - 16:29

          @thom: Yes - I made it a point to visit sites and talk to employees so that my face on site didn't mean someone was getting fired. I learned a lot about the business and the people by having a day out with the operations team. Unfortunately in large organisations HR can be reactive - when we have to deal with some of the 'events' that no one thought to tell us about.

    • tonsta on 01/03/2018 - 23:26
      -3

      "3 - file a complaint the camera wasn't working.
      Assuming there is signage as there should be, you are now feeling unsafe knowing that the cameras don't work.
      Mention the false and misleading signage + health and safety regulator."

      Your just going to fire yourself from a job…. signs are not there to make you feel safe they are required by law if you want to record people and keep the footage.. its basically consenting to being filmed…. if you don't like it there is the option of resigning.

    • ozzpete on 03/03/2018 - 00:25

      This X 6 .
      The other 5 people should file this also

  • pat_mac on 28/02/2018 - 14:24
    +3

    Call ACA

  • JIMB0 on 28/02/2018 - 14:34
    +18

    I bet if the HR manager's car got damaged the cameras would have been working.

    • Kangal on 01/03/2018 - 21:27
      +3

      Would say park next to the HR/Manager's car… but you'll probably get dents from a slammed-door and they'll say the camera's aint working again.

    • tonsta on 01/03/2018 - 23:28

      of course

    • ruddiger7 on 02/03/2018 - 10:10

      I say the same thing to my partner with the overtime dispute she is having with them. If it was their overtime it would be approved no questions asked.

  • TheBilly on 28/02/2018 - 16:10
    +14

    What a shit workplace - 6 peoples vehicles get keyed and the company is not cooperating in the investigation. I would go and file a Police report ASAP.

    • whooah1979 on 28/02/2018 - 16:53
      +1

      company is not cooperating in the investigation.

      Is there an investigation?

      • pegaxs on 28/02/2018 - 20:39

        Loki07 said:

        We've filed a police report but nothing has moved forward as of yet

        • whooah1979 on 01/03/2018 - 06:05
          +1

          The lac should be able to request the company handover relevant information as part of an official investigation.

  • Baysew on 01/03/2018 - 10:52
    +32

    Disputes in the office, like birthday cakes, often get out of hand.

  • Melb69 on 01/03/2018 - 13:29
    +3

    I had exactly the same thing happen to my car and 2 directors cars. No camera footage available. Never found out the suspect, but an employee was under investigation and found to be stealing money from diectors desk. Cars were probably scratched by said employee as she felt angst to them and my car scratched as it was in sane carpark.

    • SM1LE on 01/03/2018 - 13:53
      +1

      That sucks man, did you end up paying out of your own pocket ?

      • Melb69 on 02/03/2018 - 08:02

        Fortunately it was only a light scratch and the friendly smash repaiters buffed it out. The directors cars were more heavily scratched. So had to be done under insurance as no perpetrator found.

  • SM1LE on 01/03/2018 - 13:53

    Hey,

    Thanks for all the replay guys!

    Looks like will have to go with insurance, we got the damage quoted at $1,800+…

    My mum is still hassling her company to get something done, apparently the cameras have now been fixed lol.

    The police have done nothing of yet, seems like they don't really care…

    • whooah1979 on 01/03/2018 - 14:24
      +1

      Your report is on the bottom of a pile of 100s reports. They’ll eventually get to it.

    • eggnbacon on 01/03/2018 - 20:30

      What was keyed exactly? I had a rear door and rear quarter panel resprayed for cheaper than your excess fee. If your mum lives in Melbourne, I'd be happy to pass on the details.

      • SM1LE on 02/03/2018 - 00:12

        Hey man the whole side of the car from the front bumper to the rear bumper and the two doors in between.

        Were located in Melbourne, would love check out this place.

        • eggnbacon on 04/03/2018 - 23:52

          That's rough. I think repairs to that would be above your excess since they'd have to repaint the whole panel to get the colour right, assuming the scratches are deep.

          But yeah, the place is called Awun smash repair.

    • peterpeterpumpkin on 02/03/2018 - 08:43
      +2

      And this is why I hate owning a car, especially an aesthetically pleasing one. The surface material lost from your mum's car is the same value as my last car…

  • OzzyOzbourne on 01/03/2018 - 20:03
    +9

    Don't think police deal with crime these days, not with all the revenue from 'speeding' fines.

    You'll have to sort it your own way.

    • SM1LE on 02/03/2018 - 00:14
      +2

      grabs his batman costume

    • ozzpete on 03/03/2018 - 00:19

      I don't think keying of a car really rates much on the scale of seriousness crime and threat to public.
      I haven't had much experience getting pulled over for speeding, but the 2 times I was pulled up, the officers were quite nice, and quite fair. Speeding really is a factor in many fatal road accidents. Police have to show upto accidents with dead children in the cars, I think many officers are thinking of the potential results of speeding, drink driving, etc, when they pull someone over, NOT the revenue or brownie points they may get.

    • cashews on 03/03/2018 - 07:35
      +2

      Police were great when I had an incident at my property. Came back twice in order to get more info, kept me up to date with what was going on, and organised the culprit to pay for damage to my property.

      I guess it all depends on the particular cop you get and how busy they are.

  • ShatGPT on 01/03/2018 - 21:17
    +1

    It's a Grand Cherokee, I think the keying is the least of your concerns. Just give it a few more weeks until the engine blows up and it's written off. You'll get the whole market/insured value then and your mum can go and buy a proper car.

    • Kangal on 01/03/2018 - 21:38
      +1

      How about an Audi A3 that rattles a little bit?

      • pegaxs on 02/03/2018 - 00:19
        +1

        I prefer the AMG A200 with “all the bells and whistles”… or Peugeots seem to be flavour of the week, this week…

    • Grish on 01/03/2018 - 22:08
      +1

      Had to lol at this one

  • Grish on 01/03/2018 - 22:01
    +3

    Something doesn't add up here:

    If the culprit was an employee, wouldn't they have known there is a security camera overlooking the carpark?

    And if they did know about the camera, then they must have also known it didn't work.. otherwise they are a complete idiot and wanted to get caught.

    Perhaps it was just a random vandal act, perhaps from a begrudged customer/visitor.

    • pegaxs on 02/03/2018 - 00:20

      I thought about that as well… work out who was working, subtract the owners of the cars that got keyed and it narrows down the suspects…

      • pjetson on 02/03/2018 - 13:23
        +3

        Unless the culprit was clever enough to key their own car to throw everyone off the scent.

        • JIMB0 on 02/03/2018 - 13:59

          Especially if they own an old clunker.

        • pegaxs on 02/03/2018 - 15:55

          Yeah, I was thinking even that is a possibility. Want to get some work done on the car, key up a heap of cars to make it look random, key your own, claim insurance…

  • cockneylondoner on 02/03/2018 - 07:46

    Surely, if the area is gated, has security camera's installed and your company say that the security cameras weren't working (thus accepting that they are responsible for the area) then that's precisely what they are and you should ask them what they propose doing about rectifying the damage as it occurred whilst the vehicle was in their care - they are insured after all.
    You should advise your company that damaging the vehicle is, in fact, Criminal Damage which you propose reporting to the Police if the vehicle is not repaired to your satisfaction.
    If all else fails, report the matter to the Police. I feel sure that the Police have a legal obligation to investigate all criminal acts, no matter how trivial they consider the offense to be, and should they be reluctant you should write to the Police Station asking for an explanation why the matter isn't be investigated.

    • whooah1979 on 02/03/2018 - 10:39
      +1

      your company say that the security cameras weren't working (thus accepting that they are responsible for the area) then that's precisely what they are

      Did you just make that up or is there legislation or case law that supports this opinion?

  • elgrande on 02/03/2018 - 10:20
    +22

    Did your mum recently purchase a gluten free birthday cake for $63.50?

    • h4zey on 02/03/2018 - 11:02
      +3

      and refunded it to 5 co-workers but one? then I might know who the suspect is.

  • f38r1 on 02/03/2018 - 16:28

    Since there's no footage to be used to identify the bad guy, would it be possible that in next week it is the co-worker's car who will get keyed so badly and all 4 tyres slashed as well?? We need that camera working! ;)

  • JimmyF on 02/03/2018 - 22:27
    +4

    its unfair my mum works 7 days a week and for someone to vandalise her car is unjust

    Yeah those who work 5 days or even less, certainly should have had their car vandalise!! Not your mum!

    Sh!t happens sadly, at least they have insurance.

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