Friday, October 18, 2019

Employers Liability for its Employees Sex Abuse Case Study

Employers Liability for its Employees Sex Abuse - Case Study Example The case involved an employer who operated a care facility for mentally disabled children. One of the employees in the facility sexually abused a child. The supreme could of Canada held that the employer was vicariously liable for the unauthorized, intentional and wrong act of the employee. The Supreme Court issued a two-part approach to test whether an employer should be held vicariously liable. The test is as follows: 1) The court shall openly assess whether the liability should be imposed against the employer, rather than obscuring the decision under semantic discussions of scope of the employment and mode of the conduct. 2) The court shall assess whether the wrong act is sufficiently connected to conduct authorized by the employer to warrant imposition of liability on the employer. Where there is sufficient connection between the offence and the authority granted to the employee, vicarious liability will be enforced on the employer to serve as adequate remedy for the plaintiff and as deterrence. In determining the sufficiency of connection, the court shall consider the following factors: In addition, in the case of sexual assault, John Doe v. Bennett in which a Parish priest (Bennet) of the Roman Catholic Diocese in Newfoundland, Canada abused several young boys who were under his care for thirty years while serving as a parish priest. (White, 2005). The Canada Supreme Court upheld the decision of a lower court and ruled that, the Roman Catholic Diocese was vicariously directly liable for the actions of Bennet. Therefore, from the legal provisions and cases aforementioned, it is evident that the defendant (principle) in Curry’s case scenario is vicariously liable for the misconduct of his/her employee, curry if the application of the second part of the Bazley test in Curry’s case is anything to go by because: Firstly, the employer afforded Curry the opportunity to abuse his power in that the job description of the

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