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Employment Law Assignment : Plaintiff

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Added on  2021-04-24

Employment Law Assignment : Plaintiff

   Added on 2021-04-24

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qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnEmployment LawFinal Term Paper(Student Details: )
Employment Law Assignment : Plaintiff_1
Employment LawIntroductionThere are a number of recent and highly publicized cases where the employers have been held to be liable for the off premises or the off duty conduct of the employee, which has raised a lot of concerns on the employers’ part in context of the scope of their liability. Quite rightly, the employers fear the spectre of liability in indeterminate amount for indeterminate time to indeterminate 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 the employer does not have effective control over the employee, for instance in cases of conduct at social functions or the off premises conduct. Even though the employers do not face unlimited liability 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 of the employees which are out of the scope of employment, particularly in context of sexual harassment in workplace. In doing so, a comparison and contrasting would be undertaken of the legal position, and even the opinion of writer would be elucidated. Legal IssuesVicarious Liability The term vicarious liability relates to instances where the court holds one party liable for the undertaken misconduct of another person, even when the party which is being made liable forPage 2
Employment Law Assignment : Plaintiff_2
Employment Lawsuch misconduct has not undertaken any wrong on their own part (Petkov, 2015). This issue required the courts to allocate the liability to one of the two innocent parties, in terms of the one which was the victim of wrongful act or the party which hired the wrongdoer. In K.L.B. v. British Columbia 2003 SCC 51, it was held that where the risks which are inherent to the enterprise of party and these materialize to cause harm, it would be fair and useful to impose liability on such party (Morgan, 2016). An employer is held liable vicariously for the wrongful acts which are undertaken by their employee in the course of employment of such person. There are many cases where the liability is raised for the employer even when the employee acts beyond 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 for every wrong undertaken by employee as being their involuntary insurers, as was seen in E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia 2003 BCCA 289 (Berta, 2003).When it comes to course of employment, the case laws prove to be of help. In the cases of Jacobi v. Griffiths (1999) 174 D.L.R. (4th) 71 and Bazley v. Curry (1999) 174 D.L.R. (4th) 45,were two cases in which the meaning of wrong undertaken by employee in their course of employment were explored. These cases covered tragic situations where the children had been abused sexually by the institution employees. The Supreme Court, through the cases of M.B. v. British Columbia 2003 SCC 53 and E.D.G. v. Hammer 2003 SCC 52 reaffirmed these principles.So, where the employee acts had been authorized by employer, or were closely connected to authorized 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 authorized acts is hard to determine, and is prone to prejudice. This is because the principle of vicarious Page 3
Employment Law Assignment : Plaintiff_3

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