When can you sue an employer for the wrongful acts of his/her staff?
The law holds employers to be liable for the wrongs done by their employees in the course of their employment. This is called vicarious liability. Think of any company that comes to your mind. If any of its employees injures you during the course of that employee’s job, you can sue the company and the employee so that they compensate you in money for the injury or damage caused to yourself or your property.
The reasoning is that by employing a person to do certain things, the employer has created a risk that the employer will cause harm or injury to others therefore, he/she should be made to share the blame and pay compensation.
The other reason for this legal principle is that; the employer is usually in a better financial position than its employee to pay damages.
For wrongs done by Civil Servants in the course of their employment, you can sue the Government through the relevant ministry.
When can an employer refuse to pay damages for the actions of his/her staff?
Every rule in law has exceptions. An employer will not be liable if the employee does something completely out of the scope of his employment duties.
For example, if someone employed as a driver is expressly told not to carry passengers and they carry a passenger and gets involved in an accident. The employer will not be liable for the injuries sustained by the passenger. The passenger can only sue the driver in his personal capacity.
Another example is when an employee does something completely unrelated to what they are employed to do. An employer can then sue the employee for any loss caused by their conduct.
The author of this snippet is Simon Flemming Mutandi, a lawyer who writes in his personal capacity. The purpose of these pieces is to share basic legal information with non-lawyers. For more information contact 0783475020 or email simonflemming1@gmail.com.
The Legal Digest 