VL EVALUATION

Question 1

Fair to employers

Answer 1

Constantly being updated through common law-> CATHOLICS BROTHERS CRITERIA used to include untraditional jobs (modern approach) linking them with employers -> H- parliamentary supremacy
Holding to high standard they become more vigilante on who they employ -> extra precautions such as training may become compulsory to ensure greater care in work and behaviour may reduce torts-> employers are responsible for selection, supervision and training of their employees it is fair they take responsibility for standard of work
Benefit financially from work even tort like in (Rose v Plenty)-> should carry financial responsibility for torts resulting from work- based activities as committed to benefit business-> fair to take back money gain: put C back in original place before loss
Employers better resourced financially to pay compensation -> compared to employee the financial loss will not cause that much damage due to insurance of business-> works in a way to not cause harm + rule of law of fairness because it reflects in what the average person can afford and what a business can

Question 2

Unfair to employers

Answer 2

Damages come from employer, not one who committed tort-> not punished, consequences moved to someone else-> goes against tortious principle of fault-based liability because person held liable is not the person at fault
Holds employers for after hour activities like in BELLMAN-> harsh to employers because it is difficult to monitor employees activities in different social settings where their behaviour may change-> H- should be able to trust employees
Held liable for tort of a highly skilled worker like doctors-> means that employers who don’t have a skill set in area are unfairly held liable for something they do not know much about or expertise on-> negligible control
Business reputation damaged due to action of employee committing a tort-> suffer in future as people may avoid business-> long-term

Question 3

Fair to employee

Answer 3

Employer liable for tort as it benefits business
Employer pays
Recognises employers control->encourages training and supervision
Encourages trust and job security-> employer taking responsibility allows employees confidence in performing duties without fear of legal consequences -> helps build trust and promote secure and productive working environment

Question 4

Unfair to employees

Answer 4

Damage reputation because of involvement -> harder to progress in career or find future employment
Pressure and increased supervision -> strict rules, monitoring and pressure from employer to avoid liability -> make workplace feel less trusting and more stressful
Unclear boundaries of responsibility-> difficult to know what counts as being in course of employment -> uncertainty can make anxious about how their actions can create liability even if doing job
Tensions in work place between other employees or employer may treat differently -> lack of involvement from other employees because they are afraid of being punished-> unfairly targeted