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  • University Of South Africa (Unisa)
  • MRL 3702 LABOUR LAW (MRL3702)
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Question:2 Principles Relating To Vicarious Liability

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2021/2022 Written for academic year
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MRL 3702 LABOUR LAW (MRL3702)
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Vicarious liability the employer is vicariously liable for the acts of its employee and Sara can successfully claim damages against PHH.

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January / February 2022

MRL3702

LABOUR LAW

Procedurial Fairness ito Dismissal


Written by

Camecia Cass




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QUESTION 2

With reference to the relevant legal authority, advise if there is
any legal possibility that Sara can successfully claim damages
against PHH. Explain how and why? (15)



PRINCIPLES RELATING TO VICARIOUS LIABILITY

The idea of vicarious liability is governed by common law rather than labour law, and it has the
potential to affect the employment relationship.

According to this idea, an employer is accountable for an employee's unlawful or delictual activities
committed within the course and scope of their employment.

The following is an introduction to the notion of vicarious responsibility provided by Neethling et al.:
“Vicarious liability may in general terms be described as the strict liability of one person for the delict
of another. The former is thus indirectly or vicariously liable for the damage caused by the latter. This
liability applies where there is a particular relationship between two persons. Three such relationships

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