5. Employers' Liability Flashcards
What is the scope of an employer’s duty to employees?
(a) Safe and competent fellow employees;
If an incompetent person is employed or required to do a job (including supervision) that they are not capable of doing, then there will be a breach
(b) Safe and proper plant and equipment;
(c) Safe place of work/premises, including safe access and way out; and
The employer’s duty extends to these ‘third party’ premises too.
(d) Safe systems of work, with adequate supervision and instruction.
And the employer must take reasonable steps to ensure it is complied with.
In what two situations will an employer be liable regarding fellow employees?
- Employee not adequately trained to operate equipment
- Employee regularly makes jokes/engages in horse play; employer is aware but fails to take action, and injury results
What is an employer’s duty regarding a safe system of work?
Employer must devise a safe system of work, and provide adequate supervision to ensure implementation and enforcement
What can an employer delegate and what can they not delegate?
Employer can delegate performance of the duty (E.g., implementing safety systems to a contractor), but they can never delegate their liability for its breach.
Where an employer delegates a task, when will they breach their duty?
If the person to whom the task is delegated fails to take reasonable care, employers are directly liable.
What standard is expected of an employer?
That which would be expected of a reasonable employer
What is the impact of the employer owing a duty to each employee individually?
The individual circumstances of each employee are relevant to the precautions that should be taken, e.g. safety goggles may be required for employees blind in one eye because the risk of losing an eye makes them completely blind
Where a risk is present, why is the date of knowledge within an industry relevant?
Because an employer cannot reasonably be expected to take precautions against a risk before it becomes known
To what does the duty to provide a safe system of work relate?
concerns physical layout of the job, ensuring systems and safety measures are complied with, and that staff is warned about risks and dangers and guards against them.
- also requires employers’ to consider whether such systems need to be modified or improved.
To what does the duty to provide a safe premises relate?
to the physical state of the premises of both the employer and any third-party premises where employees are expect to work.
What factors will the court take into consideration when considering whether an employer has breached their duty to provide safe premises?
- nature of the work
- degree of control exercised by employer
- employer’s knowledge of the premises
- nature of the building
- place of work
What is the difference between vicarious and employer’s liability?
vicarious liability hold an employer liable for their employee’s negligence, wheares employer’s liability relates to the duty owed directly to their employees.
In what instance will an employer not be liable for their employee’s injuries?
where the claimant’s attitude to safety caused the injury.
- ie. McWilliam - claimant would have refused to wear harness even if provided with one, so employer did not breach their duty to provide safe system of work.
When will an employer not be vicariously liable for their employee’s injuries?
Where an employees act in deliberate neglect of the employer’s instructions and in knowledge of the associated risks.
- note - determinant factor is whether the employer was itself complying with safety regulations etc.
