Employment Law Assignment : Plaintiff

Added on - 24 Apr 2021

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qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnEmployment LawFinal Term Paper(Student Details: )
Employment LawIntroductionThere are a number of recent and highly publicized cases where the employers have beenheld to be liable for the off premises or the off duty conduct of the employee, which has raised alot of concerns on the employers’ part in context of the scope of their liability. Quite rightly, theemployers fear the spectre of liability in indeterminate amount for indeterminate time toindeterminate class of individuals regarding the employees conduct (Holland & Cortina, 2016).The key concern is related to the employee conduct which takes place in situations where theemployer does not have effective control over the employee, for instance in cases of conduct atsocial functions or the off premises conduct. Even though the employers do not face unlimitedliability in such cases, they still need to be vigilant about the possible risks and have to take stepsin eliminating or minimizing such risks. Often questions are raised on such cases being worth thetime and effort (Lublin, 2015).This discussion is particularly focused on the employers being made liable for the acts ofthe employees which are out of the scope of employment, particularly in context of sexualharassment in workplace. In doing so, a comparison and contrasting would be undertaken of thelegal position, and even the opinion of writer would be elucidated.Legal IssuesVicarious LiabilityThe term vicarious liability relates to instances where the court holds one party liable forthe undertaken misconduct of another person, even when the party which is being made liable forPage2
Employment Lawsuch misconduct has not undertaken any wrong on their own part (Petkov, 2015). This issuerequired the courts to allocate the liability to one of the two innocent parties, in terms of the onewhich was the victim of wrongful act or the party which hired the wrongdoer. InK.L.B. v.British Columbia2003 SCC 51, it was held that where the risks which are inherent to theenterprise of party and these materialize to cause harm, it would be fair and useful to imposeliability on such party (Morgan, 2016). An employer is held liable vicariously for the wrongfulacts which are undertaken by their employee in the course of employment of such person. Thereare many cases where the liability is raised for the employer even when the employee actsbeyond the scope of employment. Even though the employers can be made liable vicariously in anumber of cases, it has been recognized by the courts that the employers are not responsible forevery wrong undertaken by employee as being their involuntary insurers, as was seen inE.B. v.Order of the Oblates of Mary Immaculate in the Province of British Columbia2003 BCCA 289(Berta, 2003).When it comes to course of employment, the case laws prove to be of help. In the casesofJacobi v. Griffiths(1999) 174 D.L.R. (4th) 71 andBazley v. Curry(1999) 174 D.L.R. (4th) 45,were two cases in which the meaning of wrong undertaken by employee in their course ofemployment were explored. These cases covered tragic situations where the children had beenabused sexually by the institution employees. The Supreme Court, through the cases ofM.B. v.British Columbia2003 SCC 53 andE.D.G. v. Hammer2003 SCC 52 reaffirmed these principles.So, where the employee acts had been authorized by employer, or were closely connected toauthorized acts, the employer would be made liable. Now, this presents a grey area in the opinionof the writer, as deciding which act would be deemed as associated or connected to authorizedacts is hard to determine, and is prone to prejudice. This is because the principle of vicariousPage3
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