Vicarious Liability in South Africa: Legal Implications for Employers

In South Africa, the concept of vicarious liability is an important aspect of employment law, where employers may be held liable for the actions of their employees. Understanding the criteria for vicarious liability is essential for both employers and those seeking redress for employee misconduct.

Employment Relationship and Vicarious Liability

Establishing an Employment Relationship

• The first step is to confirm an employment relationship exists between the alleged wrongdoer and the employer.

• The "dominant impression" test is applied to determine the nature of this relationship, focusing on the employer's control over the employee's duties, working hours, and supervision.

Legal Definition of ‘Employee’

• As per section 213 of the Labour Relations Act, an employee is anyone working for another person (excluding an independent contractor) and receiving remuneration, or assisting in conducting the employer's business.

The Employee's Delictual Act

• The employee must have committed a delict, either intentionally or negligently, causing harm to a third party.

Course and Scope of Employment

• Employers are generally held vicariously liable for wrongful acts committed by employees during their employment or related activities.

• Illegal acts by an employee are typically outside the scope of employment. However, liability may still arise if there is a close link between the employer’s business and the employee’s act.

Conclusion and Legal Assistance

Vicarious liability is a complex area of law with significant implications for employers. Our law firm provides expert legal services for parties seeking to establish employer liability, as well as for employers defending against such claims. Our experienced professionals can guide you through the intricacies of vicarious liability cases.

Contact Us

For expert legal advice on vicarious liability or assistance in related employment law matters, please contact our offices. Our team is well-equipped to provide comprehensive legal support and representation.