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Deviation in vicarious liability:
[an extract from an article by: Helen Westman and Thiyola Moodley – Eversheds Sutherland – in GOLEGAL – 21 October 2024]
Employers beware you can be held liable for your employee’s wrongful conduct
In the intricate dance of law and responsibility, vicarious liability stands out as a particularly compelling performance. This well-established legal doctrine in South Africa holds employers accountable for the actions of their employees, provided those actions occur within the scope of employment. Employers can be held liable for damages resulting from such actions, irrespective of their awareness of the misconduct.
However, the concept of “deviation” adds a layer of complexity, raising questions about the extent of an employer’s liability when an employee strays from their official duties.
What is deviation in vicarious liability?
Deviation occurs when an employee steps outside the boundaries of his/her assigned duties, engaging in activities that are not directly related to his/her job.
Implications for employers
Employers must be vigilant in understanding and managing the risks associated with employee deviations.
Conclusion
Deviation in the context of vicarious liability adds a nuanced dimension to employer responsibility.
If this article is of Interest to You and it Should Be, the Original, Full Article can be Viewed
here: → https://www.golegal.co.za/deviation-vicarious-liability/
NOTE: The constitutional Court accepted the following definition of the phrase: ‘deviation case’