Introduction

The elements you will study in relation to this workshop consider two separate topics.
One topic is employer's primary liability. This is about the law of negligence being applied
to the employer / employee relationship. The common law has long recognised the need
to impose a duty of care on employers to take reasonable care for the safety of their
employees. So this very much builds on your previous studies in relation to negligence.
The second topic is vicarious liability. The term vicarious liability refers to situations
where one party is held liable for the torts of another. Vicarious liability has been most
commonly exercised in employer and employee relationships, where an employer might
be vicariously liable for the torts of the employee. So there are three parties involved –
the victim who has suffered some sort of harm, the employee that caused that harm by
committing a tort, and the employer: and the question is whether the employer should be
vicariously liable for harm caused by its employee.
What both topics have in common is that they generally involve employees. So you will
also need to study what an 'employee' is.
In this topic you will study the following elements:

(a) Employer's primary liability – the law of negligence being applied to the employer /
employee relationship;
(b) Vicarious liability - where an employer might be vicariously liable for the torts of the
employee; and
(c) Identifying an employment relationship – this will explain how you can identify whether
someone is an employee. It will also address the concept of 'relationships akin to
employment', as vicarious liability can arise in such relationships too.