Employer's liability

The term ‘employer's liability’ covers an employer’s responsibility to its employees. An employer may be held liable for any loss or damage sustained by staff during the course of their work. This is because employers have a broad duty of care towards their employees the extent of which is precisely defined in the law. For example, employers are assumed to take all safety precautions as may reasonably be expected of them. Employers are not liable for any loss or damage resulting from wilfulness or deliberate recklessness on an employee’s part.

Extent of loss or damage

An industrial accident or an occupational disease may result in a substantial loss. Apart from loss of income, the victim will often receive a hefty bill for medical expenses or care. The court may even award the victim compensation for immaterial damage (i.e. pain and suffering). So if you are running a business, it is important to identify the risks. We would advise you to start by observing the following guidelines:

  • Create a safe working environment. Follow the government guidelines on occupational health and safety.
  • Draw up clear instructions for staff and perform regular checks to ensure that your staff observe them.
  • Take out an appropriate insurance policy for your staff.
  • Don’t forget that you may be held liable for any loss or damage suffered by staff during staff outings or other work-related activities.

What can we do for you?

  If you’d like to know more about employer's liability, please contact one of the members of our Employment Law Practice Group. We will be more than pleased to help.

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