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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Liability of employees

272: Liability of carrier’s employee

You could also call this:

“When can workers who move goods be responsible for damages?”

If you work for a company that carries goods for other people, you need to know about your responsibilities. If you intentionally damage or lose goods that your company is carrying, you can be held responsible for that damage or loss. The owner of the goods can ask you to pay for what you’ve done.

However, if you accidentally damage or lose goods while doing your job, you won’t be held responsible. The owner of the goods can’t ask you to pay for accidental damage or loss.

Remember, this only applies to accidents. If you do it on purpose, you can still be held responsible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844591.

Topics:
Business > Industry rules Work and jobs > Worker rights
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Part 5 Other commercial matters
Carriage of goods: Liability of employees

272Liability of carrier’s employee

  1. Every employee of a carrier who, in the course of the employee’s employment, intentionally causes the loss of or damage to any goods being carried by the carrier is liable to the owner of the goods for that loss or damage.

  2. An employee of a carrier is not liable in his or her capacity as an employee, whether under this subpart or otherwise, to the owner of any goods being carried by the carrier for the loss of or damage to any of those goods.

  3. Subsection (2) is subject to subsection (1).

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