2020
MRL 3702 – LABOUR LAW
SECOND SEMESTER
ASSIGNMENT 2
UNIQUE NUMBER : 869956
, Question 1
i) Describe the ‘doctrine of vicarious liability’.
The principle common-law doctrine of vicarious liability holds an employer liable for
the unlawful or delictual acts of an employee which are committed during the course
of business , and is based on the principle that the employer must
compensate those who suffer prejudice as a result of the wrongful conduct of
its employees. Vicarious liability protects third parties; however, an employee
will have recourse against the offending employee and may discipline the
employee for misconduct and even reclaim payment.
In order for the employer to be held vicariously liable for the employee’s wrongful
conduct, the following 3 requirements must be met:
1. There must be a contract of employment (employer / employee relationship)
2. The employee must have acted in the course and scope of employment, and
3. The employee must have committed a delict (a negligent or intentional
unlawful action or omission causing a third party to suffer damages or
personal injury)
It is important to determine whether at the time of the act the employee was
promoting the interests of the employer or not.1
In Bezuidenhout NO v Eskom
The employee had been provided with a truck marked as Eskom property for the
purposes of carrying out his duties. The employee had been expressly prohibited
from giving lifts to any person without the permission of his superiors. The
employee however did offer a lift to a hitchhiker and they were in an accident
which left the hitchhiker with severe head injuries. The Court held that the
instruction not to carry passengers placed a limitation on the scope of
1
Mcgregor & Dekker Labour Law Rules! 48.
MRL 3702 – LABOUR LAW
SECOND SEMESTER
ASSIGNMENT 2
UNIQUE NUMBER : 869956
, Question 1
i) Describe the ‘doctrine of vicarious liability’.
The principle common-law doctrine of vicarious liability holds an employer liable for
the unlawful or delictual acts of an employee which are committed during the course
of business , and is based on the principle that the employer must
compensate those who suffer prejudice as a result of the wrongful conduct of
its employees. Vicarious liability protects third parties; however, an employee
will have recourse against the offending employee and may discipline the
employee for misconduct and even reclaim payment.
In order for the employer to be held vicariously liable for the employee’s wrongful
conduct, the following 3 requirements must be met:
1. There must be a contract of employment (employer / employee relationship)
2. The employee must have acted in the course and scope of employment, and
3. The employee must have committed a delict (a negligent or intentional
unlawful action or omission causing a third party to suffer damages or
personal injury)
It is important to determine whether at the time of the act the employee was
promoting the interests of the employer or not.1
In Bezuidenhout NO v Eskom
The employee had been provided with a truck marked as Eskom property for the
purposes of carrying out his duties. The employee had been expressly prohibited
from giving lifts to any person without the permission of his superiors. The
employee however did offer a lift to a hitchhiker and they were in an accident
which left the hitchhiker with severe head injuries. The Court held that the
instruction not to carry passengers placed a limitation on the scope of
1
Mcgregor & Dekker Labour Law Rules! 48.
