Vicarious Liability and Employment Law

This assignment provides a case study scenario where Cyrill, an employee, violates the rules and regulations implemented by his employer, Benny. As a result, Cyrill is terminated without being given an opportunity to be heard. The assignment analyzes the vicarious liability of both Cyrill and Benny in this situation, considering the common law principles of employment law. It also highlights the importance of complying with fire working regulations at workplaces and setting working hours for employees.

Employment Law

Table of Contents
INTRODUCTION...........................................................................................................................1
TASK...............................................................................................................................................1
Issue.............................................................................................................................................1
Rule..............................................................................................................................................1
Application..................................................................................................................................2
Conclusion...................................................................................................................................3
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Almost all businesses are using some sort of employment law. It is considered as board
area in law. in general term, it governs the relationship between employer-employee, but
excludes many subjects. This law works upon, to prevent discrimination from workplace, to
promote health and safety and many more (Bach and Bordogna, 2011). It is essential for
organisation to comply with these rules and regulations in order to defend the rights of employee
at workplace. In this report, case study on Bennie’s fire restaurant is explained. Further, liability
of both Ruby and Cyrill is explained that who is liable for giving compensation amount.
TASK
Issue
In given case scenario, Bennie’s is running restaurant in Adelaide and it is famous for
desserts. In this, fire bomb is popular sweet which is covered with an ice cream doused and
brandy liqueur. For this, Benny had given strict instruction to their ten employees regarding to
using flaming desserts and it is should according to OHS regulation. These regulations
recommend that alcohol should never be added in a pan or burner and while cooking food it
should be place with long fireplace matches.
In this restaurant, Cyrill is doing a part time job since last two years. Last Saturday, he
was so much busy in making fire bomb and he used the matches box. But when match box is
finished, he started using lighter and managing his work. On basis of this, Bennie’s terminate
Cyrill due to his violation of fire safety regulation.
In this the main issue was arise that Cyrill start believing on that he was treated as
unfairly and harshly in some circumstances and he was entitled to receive a compensation on
weekly because he is away from work.
Rule
Fair Work Act 2009 and Fair Work Regulation 2009 are main legislative which are
dealing with this case. These regulations are governing relationship of employee and employer in
organisation. In Fair Work Act, where employers are hiring employees for executing their
function in organisation (Recruitment and Employment Law, 2016). Collective bargaining is a
mechanism which allows workers and employers to hit their objectives with respect to their
work.
1

There are many ways in which termination of employees are taking place in organisation.
Unfair dismissal is taking place when employee is terminating for their jobs in harsh or
unreasonable or unjust manner (Twomey, 2012). Employees have to give apply for application to
commission within 21 days when dismissal is taking effect. It is essential for organisation to
comply with firework regulation, which provide legal framework regarding the restriction of
using poppers and sparklers.
Unfair dismissal is taking place when employer is terminating anyone without having any
sufficient reason. If it will happen at workplace, then employee is also having opportunity to suit
against them for recovering compensation (Macdonald and Charlesworth, 2013). Termination of
employee will also take place when employee had breach employment contract which has been
made between them.
Employment contract which are created between worker and employees must be comply
with national employment Fair Work Act 2009, which states that maximum working hours,
annual leave, public holidays, notice regarding termination or redundancy pay and many more
(Pocock, Charlesworth and Chapman, 2013).
Employment Law
The employment law states that at work places mangers and workers should maintain
healthy relations in order to execute their working in healthy environment. The workers should
be given rights to participate in decision making process so that they can give their ideas about
different plans which can be executed at work place. This act is beneficial in order to increase
productivity in manufacturing products so that their profitability ratios can be increased. This is
also valuable in ensuring health and safety aspects of employees.
Application
With reference to given case scenario, When Cyrill received a request to flame up the
dessert on her birthday guest. He putted fire bomb in middle of table while using lighter and set
the fire in alcohol and due to this dessert exploded that flames the blast and it hits on Cyrill face
and arms. This blast also set fire to Ruby hairs. Due to this incident, Benny feel that their
reputation in market is having negative impact and this is generating loss for them. On the basis
of this, Benny dismissed Cyrill while issuing notice against him. On this situation, he realised
that unfair dismissal has been done with them. On other side, Ruby is also doing case against
Cyrill for negligence of common law.
2

As per provision of fair work act 2009, Benny had strictly implement the restriction of
employees that they will not use fire near pan or burner. It also clearly set out the roles and
responsibilities of employees in context of employment along with this, it is also providing
compliance which is enforcement with act (O'Donnell, O'Brien and Junor, 2011). So, as per these
facts, it can be said that Cyrill had violate the rules and regulations which has is implemented by
Benny. But in contrary to this, Benny had also dismissed him without giving him opportunity.
Apart from, if Benny wants to terminate Cyrill, then he should give him opportunity of being
heard so that he can put his point of view regarding the incident which has taken in restaurant.
Conclusion
It can be comprehended from above rules and regulation that Ruby is liable to get entitle
compensation amount because this has been done due to Cyrill. In this vicariously liability take
place and Benny is also liable because mistake has been done by Cyrill. In common law, it
clearly defines the roles and responsibility of employee and employer. Moreover, it is their
responsibility if any mistake is done by their worker, then they have to compensate loss amount
to injured person. In given case, Benny is also liable for compensating amount to Ruby because
strictly restriction has been given by them regarding using the flame.
CONCLUSION
From above report, it can be concluded that, at workplace it is essential for employer or
owner to comply with fire working regulation. Along with this, they have to also set working
hours of employees in which they have to perform their task. In given case scenario, both Benny
and Ruby are responsible to compensate loss amount to Ruby which has been occurred by them.
They have to strictly comply with these rules and regulation so that they can protect the rights of
employee while performing any activity. To retain in competitive market, it is also significant for
them to conduct proper training for workers so that they came to know about how to use
equipment.
3

REFERENCES
Books and journals
Bach, S. and Bordogna, L., 2011. Varieties of new public management or alternative models?
The reform of public service employment relations in industrialized democracies. The
International Journal of Human Resource Management. 22(11). pp.2281-2294.
Macdonald, F. and Charlesworth, S., 2013. Equal pay under the Fair Work Act 2009 (Cth):
mainstreamed or marginalised. UNSWLJ. 36. p.563.
O'Donnell, M., O'Brien, J. and Junor, A., 2011. New public management and employment
relations in the public services of Australia and New Zealand. The International Journal
of Human Resource Management. 22(11). pp.2367-2383.
Pocock, B., Charlesworth, S. and Chapman, J., 2013. Work-family and work-life pressures in
Australia: advancing gender equality in “good times”?. International Journal of
Sociology and Social Policy. 33(9/10). pp.594-612.
Twomey, D., 2012. Labor and Employment Law: Text & Cases. Cengage Learning.
Online
Recruitment and Employment Law. 2016. Available through:
<http://www.alrc.gov.au/publications/2-recruitment-and-employment-law/fair-work-act-
2009-cth>. [Accessed on 6th September 2017].
4