3. Negligence: Employers Liability

Question 1

What is the difference between employers’ liability and Vicarious Liability?

Answer 1

Employer’s liability is the legal responsibility of an employer to provide a safe workplace and compensate employees for injuries or illnesses that occur at work.

Vicarious liability is a legal rule that holds an employer responsible for the harmful or discriminatory acts of their employees, even if the employer disagrees with the employee’s actions

Question 2

Is employer liability found at common law or statutory law?

Answer 2

Employers’ liability relates to the duty at both common and statutory law.

Question 3

What is the employer’s common law duty of care? (4 points must be provided)

Answer 3

The duty cannot be passed to someone else. An employer must take reasonable care, and so is expected to provide:

1. Competent Staff
2. Adequate plant and equipment. (Equipment)
3. A safe system of work
4. A safe Premis