- 20 Marks
BCL – L1 – Q45 – Employment Law
Question
Fred requested a ride in an official car to run an errand on a route that the official car was going. While in the car, Fred ignored caution by the driver not to rest his arm through the window of the car with the glass rolled down.
The driver of the official car decided to race another vehicle with the support of Fred and in the process an approaching car ran into the official car and injured Fred whose arm was severely mutilated.
Fred is contemplating asking the company to compensate him for his injury indicating that the accident occurred while in the official vehicle. The company on the other hand intends to terminate Fred’s appointment on the grounds that he has become disabled.
(a) Please advise management on whether compensation should be given to Fred and whether there is justification in law for Fred’s termination.
(b) Explain steps a staff should take when there is imminent hazard at the workplace and indicate the protection available to the staff.
Answer
(a). Explain duty of care and indicate that the driver owes Fred a duty of care likewise Fred owes himself a duty of care using the appropriate decided case (Caparo Industries v Dickman).
Explain that an employee is regarded as an agent of the employer if he gives another employee a lift using appropriate decided case.
Employer is vicariously liable for the torts his employee committed in the course of his employment. The accident occurred while the driver was in his line of duty. Fred sustained the injury while in the official vehicle (3 marks).
Management shall be advised to compensate Fred.
A contract of employment may be terminated by the employer because of the inability of the worker to carry out his or her work due to (i) sickness or accident, section 15 (a) (i) of Labour Act, 2003, (Act 651).
(b). Since Fred has a duty of care to himself and his work colleagues, he should bring the matter to the attention of his employer and his safety representative according to section 119 (1) of the Labour Act.
Employer is indirectly liable for the torts for his employee committed in the course of his employment.
The employee has the right not to be dismissed, selected for redundancy, or subjected to any detrimental action short of dismissal for taking certain specified action on health and safety grounds.
Management shall therefore be advised to compensate Fred for the injury.
According to section 50 of the Labour Act, 2003, (Act 651), if a worker suffers disability after his or her employment, he or she cannot be terminated from work when he or she can work in another company elsewhere.
- Tags: Employee Protection, Employment Law, Hazard Reporting, Workplace Safety
- Level: Level 1
- Topic: Employment Law
- Uploader: Samuel Duah