Hypothetical question re subbies.

[leswold]

If a subbie was told to work on a tree which, unknown to him had TPO/CA restrictions...is he responsible or would it be the employer? Not trying to catch anyone out & its hypothetical but we were just talking & realised that, as we don't sub ourselves or use any, we didn't know.

[Thesnarlingbadger]

I would assume the company is responsible as it is down to them to make sure the tree is not under conservation/tpo. I'd be pretty pissed off if I went to work for a company and got told I had to pay a huge fine because they didn't look in to it properly.

[RichieR]

Well I would say the the firm he is representing. After all it is a contract between the tree owner and the company who has employed you to work on the tree.

[Daniël Bos]

I reckon this question goes with "when's a subby not a subby....?"

Most subcontracted staff are technically employees, so there the employer is responsible.

A true subby would be responsible for their own actions.

 

I reckon...

 

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[benedmonds]

I reckon this question goes with "when's a subby not a subby....?"

Most subcontracted staff are technically employees, so there the employer is responsible.

A true subby would be responsible for their own actions.

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This.. As Rover says most "subby climbers" are actually free lance employees. therefore the employer would be responsible.

 

If however the subbie was a genuine sub contractor.. Has control over what is done, how it is done, when and where it is done and whether he or she does it personally. Then they could be held responsible..

 

Determining the correct employment status of a worker

[dtms]

The cutter is responsible as well as the firm both would get fined

 

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[treequip]

The cutter is responsible as well as the firm both would get fined

 

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Not if he is deemed in the eyes of the law to be an employee

[chrism3513]

Here in Vic its not Tpos but certain councils have restrictions on removal of trees / vegitation . Varies from council to council.

 

Anyway I was told by a council enforcement officer once that it is the person with the saw in their hand who cops the fine. Of course in the situation described above I would pass the fine onto whoever I was contracting too. Its really not practical for a subbie climber to be checking the council restrictions every day / job they go too. That responsibility lies with the person doing the quote in my opinion

[treequip]

 

Anyway I was told by a council enforcement officer once that it is the person with the saw in their hand who cops the fine.

 

But its not up to him...............

[chrism3513]

what isnt?