employer will only be liable in relation to injuries caused by such people or organisations if the employer has been to some extent personally at fault. The problems usually concern whether in relation to vicarious liability the actual wrongdoer was: (a) the defendant’s employee; (b) acting in the course of the defendant’s employment. In relation to the employers’ personal liability, the matter is nowadays generally a question of fact as to whether or not the organisation ought to have made provision for what has occurred. Some of the more interesting cases have been ones in which the argument has been that the organisation was personally at fault either for failing to give sufficient support to employees or for failing to ensure that persons, who were not the employees of that organisation, made a proper contribution to the organisation’s system of operation. (a) The defendants’ employee? : The difficulties which the courts have experienced in trying to identify and apply tests for establishing whether a worker is employed under a contract of employment, and therefore has the status of employee, have already been discussed. The related problem of determining which of two organisations is the employer has also been alluded to in Savory v Holland. The leading case

doi:10.4324/9781843140504-66

Chapter

employer will only be liable in relation to injuries caused by such people or organisations if the employer has been to some extent personally at fault. The problems usually concern whether in relation to vicarious liability the actual wrongdoer was: (a) the defendant’s employee; (b) acting in the course of the defendant’s employment. In relation to the employers’ personal liability, the matter is nowadays generally a question of fact as to whether or not the organisation ought to have made provision for what has occurred. Some of the more interesting cases have been ones in which the argument has been that the organisation was personally at fault either for failing to give sufficient support to employees or for failing to ensure that persons, who were not the employees of that organisation, made a proper contribution to the organisation’s system of operation. (a) The defendants’ employee?

Chapter

employer will only be liable in relation to injuries caused by such people or organisations if the employer has been to some extent personally at fault. The problems usually concern whether in relation to vicarious liability the actual wrongdoer was: (a) the defendant’s employee; (b) acting in the course of the defendant’s employment. In relation to the employers’ personal liability, the matter is nowadays generally a question of fact as to whether or not the organisation ought to have made provision for what has occurred. Some of the more interesting cases have been ones in which the argument has been that the organisation was personally at fault either for failing to give sufficient support to employees or for failing to ensure that persons, who were not the employees of that organisation, made a proper contribution to the organisation’s system of operation. (a) The defendants’ employee?

ABSTRACT

The problems usually concern whether in relation to vicarious liability the actual wrongdoer was: (a) the defendant’s employee; (b) acting in the course of the defendant’s employment.

In relation to the employers’ personal liability, the matter is nowadays generally a question of fact as to whether or not the organisation ought to have made provision for what has occurred. Some of the more interesting cases have been ones in which the argument has been that the organisation was personally at fault either for failing to give sufficient support to employees or for failing to ensure that persons, who were not the employees of that organisation, made a proper contribution to the organisation’s system of operation.