Employer's liability for damage to personal belongings

Questioner

Ir/Madam, During my lunch break between 12 and 13 I always go for a walk outside. Last week too, because the weather was pretty bad I left my sunglasses on my desk. When I got back I had to go straight to all kinds of meetings, at the end of the day I went back to my desk to pack my things and then my sunglasses were suddenly gone. I have reported this to my employer and he finds it very sour for me and the employer's insurance does not cover this. My employer says he can do nothing further. I see it differently of course. Can I hold my employer liable?

Lawyer

If an employee suffers damage during the performance of his work, the employer will in principle have to compensate for that damage. Whether or not the employer is insured against this is actually irrelevant. The obligation to compensate for damage is only different if the employee has deliberately caused the damage or if there is intent. Deliberately causing the damage also applies if the employer has taken all reasonable measures necessary to prevent the theft. For example, if he has drawn up written rules that personal belongings must always be stored in a locker or a locked desk or if the workroom must always be locked when leaving, the obligation to pay damages will lapse.

Questioner

Thanks for your quick response, I have looked at the employee handbook and there are no rules in it about how to deal with personal property. However, it is now the case that an email has apparently been sent to the organization (I am not the first person from whom something has been stolen) not to leave valuables on your desk. I do not dispute that this email was never sent, but I cannot remember that. Can I still hold the employer liable despite this warning by email? Thank you in advance

Lawyer

In my opinion, you cannot hold the employer liable. Unfortunately, we live in a society where even at work your own goods are no longer safe. Not only is it common knowledge, but your employer has also pointed out to you by email that you should not leave valuables in sight when you are not present for a long time. I believe that also applies to sunglasses.