Getting tools from a job site when laid off

[stevo]

Just wondering what your rights are if you get laid off and they will not let you back on site to get your tools? We lost 20 blokes on thursday with no warning and had one of the fitters drive 9 hours from brissy to get his tools. Security would not let him onsite at the start 2 am in the morning but in the end let one of us escort him on site after he said he would block the gates with his ute.

Now I have close to 30K of tools on site and this company can take weeks and weeks to send stuff off site have seen tools sitting for 6 weeks plus before getting sent off site, you need your tools to find a job and till you get them not much use to anyone must be some legal rights to chuck at the bosses as being a large company that is the only way sometimes.

[Slunnie]

Theft?

Would also be interesting to put in a compensation claim.

[juddy]

Call the police, say your tools have been stolen, and you know the location.

You will soon get them back.

[Bigbjorn]

I have seen cases where the firm has gone bankrupt suddenly and the receivers have secured the site and said that anything in there belongs to them and if they are your tools prove it. Receipts, invoices.

Lloyds Ships in Brisbane was a classic. Into receivership late on Friday afternoon after the workers clocked off. They returned on Monday to find the place locked up and guards on duty.

[101RRS]

Call the police, say your tools have been stolen, and you know the location.

You will soon get them back.

This would be considered a civil matter and as such the police will decline to intervene as they would not consider it to be a criminal matter.

[tonic]

This would be considered a civil matter and as such the police will decline to intervene as they would not consider it to be a criminal matter.


Not sure about that, they have a thing called "theft by conversion", would still ask. You have been sent off site and they have kept your tools.

[THE BOOGER]

Have been in this situation as a guard we usally escort people in to get personal belongs/cars and small trucks but have to get permission from recievers/owner before anything else is removed. As garry said police are very reluctant to intervene as is civil matter usally just say "work it out".
It is very different if they are claiming your tools as theirs or holding them against some payment you owe them:)As for what your legal rights are by the time you before a beak to enforce them its all over anyway:(

[1976_michelle]

basically I;'d have refused to go until I could gather my belongings. Even my not so nice employer will escort you to your locker on the way out the door to collect your stuff (fully supervised of course). I've a horrible feeling that unless they can verify with receipts...
As for you, if you are still employed there get your stuff OUT while you still can and only bring in what is needed for the day. If they question you about why you cant do specific job at a specific time ask them if they knw a more convenient way to protect your tools on site against what has happened to the others

[juddy]

This would be considered a civil matter and as such the police will decline to intervene as they would not consider it to be a criminal matter.

How would they know it was a civil matter? They have a duty to check it out if you say they are stolen.

[THE BOOGER]

You have to make a statement of fact to the police so they can investigate if you dont tell them the circumstances they get very upset and dont expect much help from them if you lie or mislead them:)

[Chucaro]

In my 48 + years I always have my tools engraved with my name and also have the receipts for them ( for tax purposes you have to keep them).
The other only hope is if your ex workmates and/or tool storeman are prepared to say that the tools always were in your possession.
If the company/owner want to be a bastard you do not have a hope in hell to recuperate them without proof of ownership.

[101RRS]

How would they know it was a civil matter? They have a duty to check it out if you say they are stolen.

But they are not stolen and the coppers will get very cross with you.

Same if your car has been towed away for illegal parking and you report it stolen when you know it has been towed. The police will take no action.

[stevo]

Thanks for the replies, 99% of my tools are engraved and I have a filing cabinet full of receipts so all good, it is a fly in fly out job so hard to move tools but if I do get laid off will drive up to get them and just park at the gate like the last bloke did at 2 in the morning no bosses around then.

[101RRS]

You need to approach management and ask for approval to get your stuff - if they decline then you need to take thing further - maybe a letter of demand initially from yourself and then if no luck then something from a solicitor or even the union is applicable.

[George130]

Bill them at double your pay till they give them back. Send a letter of demand and application for credit stating that there is a 20% daily loading if no prior credit approval. Then you can take them to small claims for unpaid lease payments on your equipment.
Could then go the repo path and send letters to all customers / creditors about their inability to pay accounts.:twisted: