Legal principle that holds an employer responsible for wrongs committed by an employee in the course and scope of their employment — even if the employer did not authorise or know about the conduct.
Vicarious liability is the principle under which one party (the employer) is held legally responsible for the acts of another (the employee) because of the relationship between them. In employment law, an employer is vicariously liable for: - **Delicts (torts)** committed by an employee in the course of their employment (e.g., a driver causing an accident while making deliveries). - **Sexual harassment** by a supervisor, where the employer is jointly and severally liable if they failed to take reasonable steps to prevent it. - **Discriminatory acts** by managers that constitute unfair discrimination under the Employment Equity Act. The key question is whether the employee was acting within the "course and scope" of employment. Purely private acts outside of work will not attract vicarious liability. However, courts have expanded this — if the employment created the opportunity for the wrong, or if the wrongful act was sufficiently connected to the authorised task, the employer may still be liable. Practical implication: if you are harmed by an employee of a company while they are working, you can sue the company (which typically has deeper pockets) rather than only the individual employee.
A security company's guard assaults a member of the public while on duty. Even though the guard was acting outside his authorised duties, the Constitutional Court held the employer vicariously liable because the employment created the risk and opportunity for the assault.
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