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Employment Law - Assignment Sample

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Added on  2021-04-16

Employment Law - Assignment Sample

   Added on 2021-04-16

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Running head: EMPLOYMENT LAWEmployer’s liability for sexual offenceName of the student:Name of the university:Author note
Employment Law - Assignment Sample_1
1EMPLOYMENT LAWTopic: Employer Liability for Sexual Harassment in the Workplace: Should Employers beLiable for the Actions of Employees that are outside the scope of employment.Thesis statement:Sexual harassment in the workplace is regarded as the sheer ground ofdiscrimination. According to the Employment law, the government of Canada has prohibitedany discrimination in the workplace regarding caste, age, sex, ethnic origin and disability.This report will point out whether the employer will be liable for the sexual harassment madeby an employee outside the course of employment or not.Summary of the legal issues:The matter related to the sexual harassment is a sensitive topic and there are certainlegal issues arose in such cases. According to the Employment Law of Canada, everyemployer is liable for the wrongful action made by the employees. This liability is termed asvicarious liability. The concept of vicarious liability has been established by the case ofK.L.B. v British Columbia 2003 SCC 51. The scope of vicarious liability is extended in caseof off-duty conducts too which has been proved in Cimpean v. Payton[2008] O.J. No. 2665.Further, the sexual discrimination has been prohibited under Canadian Human Rights act andthe liability of the employers ("Sexual harassment at the workplace needs to be addressed,says psychologist", 2018).Opposing viewpoints:However, the liabilities of the employer regarding the actions done by theemployees have been criticised. It has been mentioned under the employment law of Canadathat there must be certain reasonable connection in between the employer and the employee.According to Jacobi v. Griffiths (1999) 174 D.L.R. (4th) 71, the employer could be
Employment Law - Assignment Sample_2

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