Decision - makers that have found
employers liable for workplace sexual harassment haven't hesitated to award the victimized employee financial compensation.
This blitz is of particular interest to companies that use Agencies given the recent amendment to the ESA that makes such
employers liable for Agencies» ESA violations.
Notably, the employer's concerns were justified given that the Ministry of Labour's decisions regularly find
employers liable for overtime even after employees have been directed not to work those hours.
In siding with the employer, the court confirmed that the threshold to find
employers liable for psychiatric damage suffered by employees is a high one.
In 2010 the Court of Appeal found
employers liable for an injury to an employee who fell from an unfooted ladder and stressed that the employer has to assess whether a ladder is an appropriate piece of equipment for doing a particular job.
I don't think employers should be penalized for showing compassion towards employees with various problems and yet, that's the direction in which we're heading as we try to hold
employers liable for employee conduct that takes place after working hours.
The final deal includes a provision extending protections to independent contractors, consultants and other non-employees in a given workplace, making
an employer liable for sexual harassment against them.
In addition, the 401k industry has cleverly left
the employer liable.
Is
the employer liable if this restriction was not clearly explained at the time of a...
Would there be a legal case to be had in holding
the employer liable for that worker's federal income tax?
Weddall's claim was dismissed, on the basis that he had committed an independent act, acting personally and for his own reasons, and it would not be fair or just to hold
the employer liable.
The tort flowed directly from the fact that instructions were given in the course of employment and thus was so closely connected with the expectation that Mr Brown would carry out lawfully given instructions, that it would be fair and just to hold
the employer liable, applying the formulation of Sir Anthony Clarke MR in Gravil v Carroll [2008] EWCA Civ 689 at [21], [2008] All ER (D) 234 (Jun).
For example, if an employer is aware that an employee has a drinking problem, is
the employer liable when its employee leaves work drunk and injures or kills someone in a car accident?
If a third - party crane operator made a mistake by putting too much weight on the roof, you could potentially hold that operator or
his employer liable for damages in a personal injury lawsuit.
This doctrine holds
an employer liable for the careless acts that its employees commit in the course and scope of employment.
A state's laws of owner liability will apply within the context of employment, and it may thereby be possible to hold
an employer liable for injuries caused by an employee who is driving a work vehicle.
«When preliminary decisions that are not carried out are enough to hold
an employer liable, life just got more difficult,» writes Mike Fox.
We may be able determine if you can hold a former
employer liable.
Also, Massachusetts recognizes a legal doctrine called vicarious liability, which holds
an employer liable for careless acts that an employee commits during the course and scope of employment.
It will ordinarily be fair and just to hold
the employer liable where the wrongful conduct may fairly and properly be regarded as done while acting in the ordinary course of the employee's employment.
A successful complaint to an Employment Tribunal will render
the employer liable to pay compensation to the applicant.
The authorities showed that it would ordinarily be fair and just to hold
the employer liable where the wrongful conduct might fairly and properly be regarded as having been done while acting in the ordinary course of the employee's employment.
«Respondeat superior» is a vicarious liability theory that makes
an employer liable for certain torts of their employees.
Failing to provide an employee with reasonable notice constitutes wrongful dismissal and could make
an employer liable for damages.
After finding
the employer liable, the jury awarded the laid - off engineer more than $ 51 million in damages, according to reports by the Courier Post.
Special rules apply to individuals who satisfy the legal definition of a disability, in particular the right to consider reasonable adjustments, the failure of which could make
an employer liable in a disability discrimination claim.
It was possible on the authorities for an employer who had negligently been responsible for personal injuries suffered by an employee in the course of her employment nonetheless subsequently to dismiss the same employee on the ground of capability without rendering
the employer liable to a claim for unfair dismissal.
A recent Ontario decision dealt with the issue of liability as between two defrauded employers: is a past (former)
employer liable to a new employer when a fraudulent employee steals money from the latter to satisfy its debt to the former?
Is
the employer liable for the medical and property damage expenses?
The origin of the doctrine making
an employer liable for negligent hiring, as well as negligent retention, arose out of the common law fellow - servant law which imposed a duty on employers to select employees who would not endanger fellow employees by their presence on the job.
Not exact matches
«The take - away from this decision is that
employers will now only be
liable if they are negligent,» says Charley Moore, chairman and founder of RocketLawyer, an online legal services company in San Francisco.
If similar comments were made in the workplace «it could be considered sexual harassment, and the
employer could be held
liable,» she said.
That means if an employee drinks excessively on his own accord during a client event, the
employer may not be viewed as
liable.
When an employee's alcohol consumption can be tied directly to the scope of his work, the
employer may be
liable, especially if it can be proven that the
employer made it a condition of work.
In July 2014, the NLRB stated that McDonald's could be considered a joint
employer, meaning it could be directly involved — and therefore
liable for — the control and supervision of employee activity at any of its franchised locations.
The California Supreme Court ruled that Domino's could not be held
liable as an
employer in an employee's sexual harassment case.
For
employers covered by MSPA, both
employers are
liable for ensuring necessary disclosures of the terms and conditions of employment, and payment of wages are made, as well as maintaining required written payroll records.
Apparently, he will address this issue more specifically in his next article, cited in footnote 88, When Should
Employers Be
Liable for Factoring Biased Customer Feedback into Employment Decisions?
The change we support would simply change the law to consider the actions of all those involved, not just hold the
employer absolutely
liable.
This is an unacceptable state of affairs, where people are
liable to mistreatment by their
employers but unable to take legal action because they do not have enough money to do so.
Because that law says that the
employer on any worksite is responsible for protecting workers, and can be held
liable when they fail to do so.
He requested a personal meeting with Schumer and wrote that Saint - Gobain, which is Hoosick Falls» largest
employer with 200 workers, will continue to cooperate with investigations and was funding alternative water sources, even though it had not yet been found
liable.
he Bathroom Bill would force New York
employers to accommodate cross-dressing employees in the workplace, would make New York businesses
liable for real or invented transgressions upon a civil right to «gender identity or expression,» and would give intact biological males who assert female gender identities access to women's locker rooms, changing areas, and restrooms in places of public accommodation, thus compromising the privacy and safety of women and girls.
Unexpected additions in the speech include legislation to ensure sufferers of mesothelioma, a cancer caused by asbestos, will receive funds where no
liable employer or insurer can be traced, and a defence reform bill which will seek to improve the way defence equipment is procured.
«If sitting is the new smoking, should
employers be held
liable?.»
In any event, legal proceedings are usually brought against the
employer who is vicariously
liable for the actions or omissions of their staff, which arise in the course of employment.
As well as highlighting the issue of asbestos in schools, the decision of the Supreme Court confirms that
employers and others who have wrongfully exposed mesothelioma claimants to asbestos fibres, other than at a minimal level, will be wholly
liable for the damage even if there was another source of exposure.
Where more than one
employer in a pooled payroll is
liable to make apprenticeship levy payments, then the pooled payroll must be split so that each levy - payer has a unique PAYE reference.
Where a pooled payroll contains only one
employer who is
liable to make apprenticeship levy payments, the calculation must ensure that only that
employer's pay bill is taken into account, ignoring the smaller
employers» paybills.
These steps may include withholding of your tax refund, issuing of instruction to your
employer to deduct payments from your salary or the agency involved may take legal action against you and you will be
liable to pay the collection expenses as well.