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A mechanic I know said to me he was cited and fined by our Ministry of Transportation for improperly certifying a vehicle, a foreign make. He had overlooked areas needing to be addressed as he was unaware of the safety codes required to be adhered to. He was written up, not because he was fraudulent or negligent, but for his lack of full knowledge.
His employer accepts no legal responsibility...
What beats me is that his employer, a car dealership, and as is the case with all the other car dealerships, accepts no legal responsibility for what happened so that he was left high and dry to pay a court fine of $500 out of his own pocket, plus all other incidental costs for parts to set the vehicle right. He had to volunteer his labor, naturally.
Shouldn't the common law of principal and agency kick in to make his employer liable (vicariously) if the mechanic performs his job "in the course of his employment?" He's an employee, not an independent contractor, and employee who is presumably within the control and constructive supervision of the employer-company.
I hit upon this interesting site and forum accidentally, and realized later that it is a UK gripe forum. Being in the Commonwealth, I'd have thought our laws and those of the UK are similar. I know many are imported from the mother country. If you have any thoughts on this, I'd love to hear from you - especially if you are in the legal profession or someone who's had a similar experience.
Thanks - a good feedback will be nice.