Employers Vicarious Liability in South African Labour Law
Nozipho Mvulane
In South African labour law, employers can be held vicariously liable for the actions or omissions of their employees under certain circumstances. Vicarious liability means that an employer may be held legally responsible for the wrongful acts committed by an employee in the course of their employment, even if the employer did not personally commit the wrongful act. For an employer to be held vicariously liable, the below conditions generally need to be met:
Employment relationship
There must be an employment relationship between the employer and the employee. This relationship is typically established through a contract of employment or other similar agreements.
Course of employment
The wrongful act or omission must have occurred within the course and scope of the employee’s employment. This means that the act must have been authorized or closely connected to the duties or tasks the employee was hired to perform.
Connection to employer’s business
The wrongful act must have occurred while the employee was acting within the scope of their employment and in furtherance of the employer’s business or interests. The act must have been reasonably incidental to the duties and responsibilities assigned to the employee.
Causation
There must be a causal link between the employee’s act or omission and the resulting harm or damage suffered by a third party. The harm must have been reasonably foreseeable in the circumstances.
It’s important to note that employers may be held vicariously liable for the actions of their employees, even if they have taken reasonable steps to prevent such actions. However, employers may have a defence if they can prove that the employee acted outside the scope of their employment or engaged in a “frolic of their own,” which means they were pursuing their own personal interests unrelated to their employment.
Vicarious liability is an important aspect of South African labour law, as it holds employers accountable for the actions of their employees and provides a means for injured parties to seek compensation for harm caused by those employees within the course of their employment.
Should you require further information as a employer or an employee, please feel free to contact us regarding vicarious liability at info@rajarammvulane.co.za.
Article Disclaimer
This article is not intended to provide legal advice. This article is a general information sheet and should not be used or relied on as legal or other professional advice. This article is based on research regarding laws and may be subject to change. No liability can be accepted for any errors or omissions nor any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE).
