VL: IN THE COURSE OF EMPLOYMENT? (pre-2016)

Question 1

Bayley v Manchester, Sheffield and Lincolnshire Railway

Answer 1

Railway porter pulling man off of a train. Carrying out duties (take customer off train with wrong ticket) in unauthorised manner (injured him).

Question 2

Century Insurance v NI Road Transport

Answer 2

Lorry driver caused explosion carelessly smoking cigarette whilst filling up tank. Doing something authorised (petrol) in unauthorised manner (smoking).

Question 3

Harvey v RG O’Dell

Answer 3

Workman travelled five miles during working hours to get lunch. Incidental to his work, within course of employment, stopping to take lunch break = reasonably expected act by employee.

Question 4

Rose v Plenty

Answer 4

13 year old boy injured whilst assisting milkman. Milkman expressly forbidden from enlisting help by his employer. Negligent driving meant boy got leg trapped. Employer found liable – prohibited act was done for employers’ business (although discussed that it was unauthorised mode).

Question 5

Smith v Stages

Answer 5

Facts?
Two employees injured during car crash – had been paid travel expenses, paid for travelling time and within working hours – course of employment.

Principle?
When asking is employee in course of employment when travelling on highway, material question = is he going about his employer’s business at the material time. Generally established employees are outside scope of employment when travelling to and from work.