LAW 1507 Lecture Notes - Lecture 8: Independent Contractor, The Employer
30 Jun 2018
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VICARIOUS LIABILITY AND NON-DELEGABLE DUTIES
Richards and de Zwart Chapter 10
Someone liable for a tort committed by someone else
Employer who is held liable for the negligence of an employee because of the
employer’s negligence in selecting that employee for the task to be performed, is
personally rather than vicariously liable.
Difference between employee and independent contractor
Independent contractors are outside the control of the employer- found in Stevens v
Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16
In the above the employers left the workers alone despite taking responsibility for
co-ordinating their activities.
RULES-
STEP 1- Multi-facet test- To determine the relationship between the parties
involved endorsed in Hollis v Vabu Pty Ltd (t/as Crisis Couriers) (2001) 207 CLR
21- The approach for determining whether a worker is an employee or independent
contractor involves consideration of factors through a ‘multi-facet test.’ Factors do
not have same significance or relevance.
STEP 2- Determine whether or not the employer was acting in the course of his or
her employment. Need to determine- Was the employee carrying out the work they
were employed to do in the context of their circumstances? IF YES- The employer
is vicariously liable.
New South Wales v Lepore; Samin v Queensland; Rich v Queensland (2003) 212
CLR 511- Sexual abuse of students by teachers. High Court held a school could be
held vicariously liable for the criminal conduct of teachers.
Non-delegable duty of care relationships such as employer/employee, teacher/pupil,
hospital/patient
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Someone liable for a tort committed by someone else. Employer who is held liable for the negligence of an employee because of the employer"s negligence in selecting that employee for the task to be performed, is personally rather than vicariously liable. Independent contractors are outside the control of the employer- found in stevens v. Brodribb sawmilling co pty ltd (1986) 160 clr 16. In the above the employers left the workers alone despite taking responsibility for co-ordinating their activities. Step 1- multi-facet test- to determine the relationship between the parties involved endorsed in hollis v vabu pty ltd (t/as crisis couriers) (2001) 207 clr. 21- the approach for determining whether a worker is an employee or independent contractor involves consideration of factors through a multi-facet test. " factors do not have same significance or relevance. Step 2- determine whether or not the employer was acting in the course of his or her employment.
