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Journal articles on the topic 'Employers' liability'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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1

Reeves, T. "Support for Employees: Potential Liability of Employers." Business Law Review 16, Issue 7 (1995): 157–61. http://dx.doi.org/10.54648/bula1995043.

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2

Balvardi, Keyvan Daryabeigi. "Civil Liability of Employers against Workers." Journal of Politics and Law 10, no. 3 (2017): 151. http://dx.doi.org/10.5539/jpl.v10n3p151.

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The aim of this study was to determine civil liability arising from the exercise of employee and employer. The terms of realization of civil liability include the general and specific conditions and of important theories about civil liability of employers against workers is the risk and fault theory. The popular legal opinion is that employer's liability is based on the fault assumption which refers to a fault-based liability where the fault is assumed and doesn’t need proof. But it seems the base of sum of the employer's liability is sum and integration of risk theories and the fault assumpti

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3

Freedland, M. R., H. G. Collins, and BRENDA BARRETT. "EMPLOYERS' VICARIOUS LIABILITY." Industrial Law Journal 18, no. 3 (1989): 159–61. http://dx.doi.org/10.1093/ilj/18.3.159.

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4

Freedland, M. R., H. G. Collins, and EWAN MCKENDRICK. "EMPLOYERS' VICARIOUS LIABILITY." Industrial Law Journal 18, no. 3 (1989): 161–64. http://dx.doi.org/10.1093/ilj/18.3.161.

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5

Ntsanyu Nana, Constantine. "Sexual Harassment in the Workplace in South Africa: The Unlimited Vicarious Liability of Employers?" Journal of African Law 52, no. 2 (2008): 245–67. http://dx.doi.org/10.1017/s0021855308000119.

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AbstractThe South African Supreme Court of Appeal and Constitutional Court have ruled that the employer is vicariously liable for sexual violence perpetrated by his employee on a co-employee or on a third party in the workplace or in what can be considered as an extension of the workplace. This is similar to the current position in the United Kingdom. This article questions the rationale of holding employers vicariously liable for intentional acts of employees such as sexual harassment. In a bid to justify their position, these courts have adopted a sort of vicarious liability with no outer li

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6

Albin, Einat. "Customer Domination at Work: A New Paradigm for the Sexual Harassment of Employees by Customers." Michigan Journal of Gender & Law, no. 24.2 (2017): 167. http://dx.doi.org/10.36641/mjgl.24.2.customer.

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This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importa

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Mustafa, Engin. "The liability of employers for work stress." Human Resource Management International Digest 23, no. 6 (2015): 40–42. http://dx.doi.org/10.1108/hrmid-06-2015-0101.

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Purpose – Considers the subject of work stress and the potential liability to employers that may arise. Design/methodology/approach – Provides details of recent cases from England and Wales that bear upon workplace stress. Findings – Explains that, for liability to arise, there needs to be an injury to heath, and this needs to be attributable to stress at work. Practical implications – Advances the view that employers can reduce the likelihood of a successful claim as follows: reduce stress in the work environment; give clear written guidance on actions that employees should take if they feel

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8

Mervartová, Jana. "Compensation for industrial injuries and occupational diseases." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 4 (2011): 151–58. http://dx.doi.org/10.11118/actaun201159040151.

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According to the current legislation in the Labour Code the employer’s liability for personal injury resulting from industrial injury or disease is objective, i.e. liability for result. Employer has always an obligation to pay damages if the employer has not liberated himself from no-fault liability. In terms which are explicitly defined by the Labour Code the employer can relieved from fully liability or in part. The injured party is entitled to compensation for loss of earnings and compensation for pain and diminished social capability, and compensation for reasonably incurred expenses relat

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9

Trenyisán, Máté. "A munkáltató kártérítési felelőssége az atipikus munkaviszonyokban." Erdélyi Jogélet 3, no. 4 (2021): 199–215. http://dx.doi.org/10.47745/erjog.2020.04.15.

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"Employers’ liability for damages is an extremely strict, no-fault liability. In practically all cases, employers are liable for employment-related damages suffered by employees. Rules on employers’ liability for damages has been changed in many aspects by the Hungarian code of labour law in the private sector, Act I of 2012 on the Labour Code (hereinafter referred to as Labour Code). These changes have introduced some, generally private law institutions into the assessment of liability, such as the foreseeability clause. The application of these rules raises a lot of questions even in typical

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10

Shearer, Robert A. "Due Process Liability in Personnel Records Management: Preserving Employee Liberty Interests." Public Personnel Management 21, no. 4 (1992): 523–32. http://dx.doi.org/10.1177/009102609202100408.

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As public employers well know, the Fifth and Fourteenth Amendments to the United States Constitution guarantee due process to protect property interests associated with workers' legitimate expectations of continued employment. Equally well-established, although probably less often the subject of litigation, are the due process rights of public employees whose liberty interests, i.e., their right to be free of unwarranted professional stigma, are jeopardized by employer conduct. This paper analyzes several recent cases in which public employees charged liberty interest violations as a result of

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11

Alieva, Z. A. "Responsibility of the employer for non-compliance with the terms of the employment contract." Law Нerald of Dagestan State University 39, no. 3 (2021): 127–31. http://dx.doi.org/10.21779/2224-0241-2021-39-3-127-131.

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The article is devoted to the issues of the employer's liability for non-compliance with the terms of the employment contract. The aim of the study is to examine the types of liability of employers for violation of the terms of the employment contract. It says that employers guilty of non-compliance with the terms of the employment contract are subject to material, disciplinary, civil, administrative and criminal liability. The problematic issues of compensation for damage to an employee caused by violation of labor legislation are considered. Revealed and substantiated the need for timely pay

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12

le Roux, Rochelle. "Notes: The Exclusion of Vicarious Liability of Employers for the Intentional Unlawful Conduct of their Employees: Fujitsu Services Core (Pty) Ltd v Schenker SA (Pty) Ltd [2023] ZACC 20." Industrial Law Journal 44, no. 4 (2023): 2162–76. http://dx.doi.org/10.47348/ilj/v44/i4a5.

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The question whether employers can exclude their vicarious liability for the intentional unlawful conduct of their employees in exemption clauses came to the fore in litigation between Fujitsu and Schenker. The High Court found that Schenker, whose employee stole Fujitsu’s property, was vicariously liable and that it could not be exempted by a widely formulated exemption clause not specifically including theft. The Supreme Court of Appeal and the Constitutional Court held that the exemption clause indeed exempted Schenker from liability. In light of the important policy consideration of deterr

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13

Florczak, Dana. "Liability for Toxic Workplace Cultures." University of Michigan Journal of Law Reform, no. 56.1 (2022): 247. http://dx.doi.org/10.36646/mjlr.56.1.liability.

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Title VII is meant to protect employees from discrimination and has historically been a crucial tool for creating social change in the workplace. But when considering modern-day workplace discrimination wrought by “toxic workplace cultures” defined herein, Title VII’s frameworks for confronting systemic discrimination prove outdated and ineffective. This Note proposes the codification of a new theory of discrimination under Title VII targeting toxic workplace cultures, with substantive and procedural elements working in tandem to better enable plaintiffs to collectively bring actions to hold e

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14

Weekes, Robert. "VICARIOUS LIABILITY FOR VIOLENT EMPLOYEES." Cambridge Law Journal 63, no. 1 (2004): 53–64. http://dx.doi.org/10.1017/s0008197304006506.

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A series of recent cases have extended the liability of employers for intentional wrongdoing by their employees. The article explores the implications of these decisions, arguing that they evidence the revival of the “master’s tort” theory of vicarious liability, and have the potential for a further, undesirable, widening of liability rules.

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15

Kim Young Kyung. "Sexual harassment and Employers’ liability." Journal of hongik law review 19, no. 4 (2018): 217–43. http://dx.doi.org/10.16960/jhlr.19.4.201812.217.

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16

Fiesta, Janine. "???Employers??? Liability for Contagious Disease???" Nursing Management (Springhouse) 23, no. 12 (1992): 18–22. http://dx.doi.org/10.1097/00006247-199212000-00005.

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17

THUESON, E. "The Federal Employers' Liability Act." Clinics in Occupational and Environmental Medicine 3, no. 1 (2003): 149–61. http://dx.doi.org/10.1016/s1526-0046(03)00025-6.

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18

Millard, Daleen, and Eugene Gustav Bascerano. "EMPLOYERS’ STATUTORY VICARIOUS LIABILITY IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 11, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a555.

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A person whose privacy has been infringed through the unlawful, culpable processing of his or her personal information can sue the infringer’s employer based on vicarious liability or institute action based on the Protection of Personal Information Act 4 of 2013 (POPI). Section 99(1) of POPI provides a person (“data subject”), whose privacy has been infringed, with the right to institute a civil action against the responsible party. POPI defines the responsible party as the person who determines the purpose of and means for processing of personal information of data subjects. Although POPI doe

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19

Petrović, Mila. "Employer 's liability in Serbia for damage caused by work injury: The case of professional athletes." Pravni zapisi 14, no. 1 (2023): 101–25. http://dx.doi.org/10.5937/pravzap1-43874.

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The right to safety and health at work is one of the fundamental human rights at work, which is protected by the highest international and national legal instruments. In Serbian law, such a right is protected, firstly, by the Constitution of the Republic of Serbia itself and then, further, through the Labour Law and the Law on Safety and Health, whose norms address this issue more thoroughly. These norms are embodied first and foremost in certain obligations of employers, with the aim of ensuring safety and health at work primarily for their employees. In cases where the employer fails to prov

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20

Quill, Eoin. "Employers’ Liability for Bullying and Harassment." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (2005): 645–66. http://dx.doi.org/10.54648/ijcl2005030.

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Abstract: This article examines the application of tort principles to the question of an employer?s liability for the psychological effects of bullying and harassment in the workplace in Ireland, comparing the position in the UK. It notes the difference in approach taken in these countries to the duty to avoid negligently inflicted psychiatric harm. It then goes on to examine the limited jurisprudence on intentionally inflicted emotional distress, looking briefly at US jurisprudence in respect of potential development of the law in Ireland and the UK. Finally it examines vicarious liability, i

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21

Gorski, Richard. "EMPLOYERS' LIABILITY AND THE VICTORIAN SEAMAN." Mariner's Mirror 95, no. 1 (2009): 62–75. http://dx.doi.org/10.1080/00253359.2009.10657084.

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22

윤애림. "Employers’ Liability in Triangular Employment Relationships." Democratic Legal Studies ll, no. 44 (2010): 51–86. http://dx.doi.org/10.15756/dls.2010..44.51.

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23

Brodie, Douglas. "Employers’ Liability and Allocation of Risk." Industrial Law Journal 47, no. 3 (2018): 431–39. http://dx.doi.org/10.1093/indlaw/dwy017.

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24

Mustafa, Engin. "The liability for employers for the conduct of their employees – when does an employee’s conduct fall within the “the course of employment”?" Human Resource Management International Digest 24, no. 7 (2016): 44–47. http://dx.doi.org/10.1108/hrmid-06-2016-0093.

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Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the papers in context. Findings All employers need to understand the exposure to risk that their organizations face. In the field of human resource management, the liability of the employer for the actions (or omissions) of an employee is a key part of managing that risk. The scope of such liability is d

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25

Papp, Nikolett. "A munkahelyi egészségsérelmek kompenzációjának felelősségbiztosítási modellje Magyarországon és az Európai Unióban." Erdélyi Jogélet 3, no. 4 (2021): 111–25. http://dx.doi.org/10.47745/erjog.2020.04.09.

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"One of the most important issues in the design of national work injury compensation systems is how the two main possible routes of liability relate: on the one hand, the non-tort compensation (social security) model and, on the other, the tort compensation (employers’ liability under civil or labour law) model. In the Hungarian system of accident compensation in labour law, the employee is primarily entitled to certain benefits within the framework of social insurance and may claim damages in excess of this in damages lawsuits. Employers’ liability schemes can be supplemented by voluntary lia

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26

Middlemiss, Sam. "Employers' Legal Liability for Sexual Harassment of Employees by Third Parties." International Journal of Discrimination and the Law 10, no. 1 (2009): 39–49. http://dx.doi.org/10.1177/135822910901000104.

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27

Middlemiss, Sam. "Not what to wear? Employers’ liability for dress codes?" International Journal of Discrimination and the Law 18, no. 1 (2018): 40–51. http://dx.doi.org/10.1177/1358229118757867.

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This article argues that in the United Kingdom currently there is a lack of an effective legal basis for challenging the imposition by employers of unfair or discriminatory dress codes in the workplace on employees or workers. Given the breadth of this topic, it will not be possible to also consider appearance or grooming standards such as outlawing beards or banning piercings or tattoos. Also consideration will be restricted to the aspects of discrimination which are contentious or most affected by dress codes or have not been dealt with in detail elsewhere namely sex and transgender discrimi

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28

Caritj, Paul. "Tortious Interference with the Expectancy of Entitlement Benefits." University of Michigan Journal of Law Reform, no. 45.2 (2012): 455. http://dx.doi.org/10.36646/mjlr.45.2.tortious.

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This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm

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29

Middlemiss, Sam. "The legal liability of employers for trainees." Education and the Law 15, no. 2-3 (2003): 115–33. http://dx.doi.org/10.1080/0953996032000164689.

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30

Middlemiss, S. "Employers Liability for Employee References and Victimisation." Statute Law Review 34, no. 2 (2012): 138–51. http://dx.doi.org/10.1093/slr/hms046.

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31

Jefferson, Michael, Katy Ferris, and James Marson. "Timis v. Osipov: Personal Liability? Decision Makers and Advances in Whistleblowing." Business Law Review 41, Issue 1 (2020): 34–35. http://dx.doi.org/10.54648/bula2020005.

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Much has been written recently about employment status including bogus self-employment, atypical workers, zero hours contracts and about vicarious liability in the law of torts and employment law. The case under discussion does not deal with these issues but with related interesting issues involving categorization of working people into employees and workers so as to determine the remedy for whistleblowing under statute and with whether liability in that area of law can be both direct and vicarious. To understand the case one needs to appreciate that the law of unfair dismissal as set out in t

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Farrish, John, and Chase Edwards. "Technostress in the hospitality workplace: is it an illness requiring accommodation?" Journal of Hospitality and Tourism Technology 11, no. 1 (2019): 83–92. http://dx.doi.org/10.1108/jhtt-07-2017-0046.

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Purpose This paper aims to examine technostress and asks whether it is an illness requiring accommodation under the terms of the Americans with Disabilities Act. It further explores the notion that hospitality employers may contribute to employee technostress and examines employers' potential legal liability. Finally, it recommends steps employers can take to avoid legal liability. Design/methodology/approach Technostress is defined in terms of job demand and resource theory. It explores how technology overload can contribute to employee technostress. Findings As there is currently no legal de

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33

Rădulescu, Dragos-Lucian, and Delia Marinescu. "SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS." Jus et Civitas – A Journal of Social and Legal Studies 8(62), no. 1 (2021): 27–34. http://dx.doi.org/10.51865/jetc.1.04.

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The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour prote

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34

Akhtar, Zia. "Discrimination in employment, religious symbols and the “actual knowledge” of the employer." International Journal of Discrimination and the Law 19, no. 2 (2019): 125–49. http://dx.doi.org/10.1177/1358229119837470.

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The Title VII of the US Civil Rights Act of 1964, 42 U.S.C. section 2000e, et seq., as amended (“Title VII”), prohibits employers with at least 15 employees (including private sector, state, and local government employers), as well as employment agencies, unions, and federal government agencies, from discriminating in employment based on race, color, religion, sex, or national origin. It also prohibits retaliation against persons who complain of discrimination or participate in an Equal Employment Opportunity investigation. The US Equal Employment Opportunity Commission (EEOC) is responsible f

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35

Omurchieva, Elvira Maratovna, and Dariya Ermagambetovna Saudabayeva. "PROBLEMS OF EXECUTION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON PERSONAL DATA: RISKS FOR THE EMPLOYER." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 2, no. 77 (2024): 111–21. http://dx.doi.org/10.52026/2788-5291_2024_77_2_111.

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The article demonstrates the analysis conducted on the subject of generic problems occurring during the application process of the legislative norms of employee`s personal data by employers. It is of paramount importance to understand correctly the authentic definition of the term “personal data” in order to secure the compliance of the regulatory norms and legal enforcement. This allows avoiding situations where personal data can be subjected to illegal processing, since the consequences of such cases are the bringing an employer to legal responsibility. The legislation of the Republic of Kaz

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Gusarov, S. M., and K. Yu Melnyk. "Protection of personal data of the employee." Law and Safety 89, no. 2 (2023): 133–44. http://dx.doi.org/10.32631/pb.2023.2.12.

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The article draws attention to the fact that today, in the conditions of a developed information environment, the wide spread and use of various information technologies and systems, the maintenance of automated databases, on the one hand, significantly simplifies the provision and use of information, on the other hand, the risk of illegal interference in personal data increases and family life of a person and misuse of his personal data. The entry into employment is preceded by the work of the employer’s personnel service on personnel selection, within which personal information is rece

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37

Rasnačs, Lauris. "Several Aspects of the Protection of Trade Secrets." Journal of the University of Latvia. Law 15 (November 16, 2022): 228–42. http://dx.doi.org/10.22364/jull.15.16.

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The present article contains a discussion of several aspects important for the protection of trade secrets. It provides analysis of certain facets of trade secret, definition, for instance, the meaning of commercial value of keeping the information secret. This article also views the scope of the duty of an employer to inform his employees about the trade secret status of the respective information and provides a suggestion about interpretation and exemption from this duty. In addition, this article also examines the mental element of infringer as precondition of his liability, as well as the

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38

Boyle, Mathew. "Employers' Liability at Common Law: Two Competing Paradigms." Edinburgh Law Review 12, no. 2 (2008): 231–58. http://dx.doi.org/10.3366/e1364980908000322.

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39

Lockwood, Graeme. "The widening of vicarious liability: implications for employers." International Journal of Law and Management 53, no. 2 (2011): 149–64. http://dx.doi.org/10.1108/17542431111119414.

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40

Snarr, Brian B. "Managed Care: Recent Cases Increase Employers' Liability Risk." Compensation & Benefits Review 27, no. 6 (1995): 26–29. http://dx.doi.org/10.1177/088636879502700605.

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41

BARRETT, B. "COMMENTARY: Stress and the Public Liability of Employers." Industrial Law Journal 25, no. 1 (1996): 45–55. http://dx.doi.org/10.1093/ilj/25.1.45.

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42

Parsons, C. "Employers' liability insurance - how secure is the system?" Industrial Law Journal 28, no. 2 (1999): 109–32. http://dx.doi.org/10.1093/ilj/28.2.109.

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43

Susser, Peter A. "Compelled self-publication: Expanding employers' liability for defamation." Employment Relations Today 14, no. 1 (1987): 75–81. http://dx.doi.org/10.1002/ert.3910140110.

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MARKHAM LESTER, V. "THE EMPLOYERS' LIABILITY/WORKMEN'S COMPENSATION DEBATE OF THE 1890s REVISITED." Historical Journal 44, no. 2 (2001): 471–95. http://dx.doi.org/10.1017/s0018246x01001856.

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Historians have praised Joseph Chamberlain's workmen's compensation act of 1897, the foundation of Britain's modern insurance-based compensation scheme for on-the-job injuries, as a forward-looking social programme of great benefit to workers. By contrast, the Liberals' support of the option of potential unlimited employer liability for worker injuries has been viewed as unimaginative and a failure of political leadership at a crucial juncture in the history of the Liberal party's relationship with labour. This article re-examines the employers' liability/workmen's compensation debate of the 1

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45

Middlemiss, Sam. "Liability of employers for third party harassment in the UK." International Journal of Law and Management 63, no. 1 (2020): 147–56. http://dx.doi.org/10.1108/ijlma-06-2020-0171.

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Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original pie

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46

Yang, Zhaolong. "The Expansion of the Scope of Non-Competition and Its Judicial Countermeasures." Asian Journal of Social Science Studies 7, no. 3 (2022): 1. http://dx.doi.org/10.20849/ajsss.v7i3.1030.

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At present, there are expansion issues of the non-competition system in practice, especially the expansion of the scope of the non-competition agreement and the abuse of the system by the employer, which has brought many adverse effects. In essence, the rationality of the system lies in the maintenance of labor ethics with capital, with the dual nature of labor relations and civil relations, and its system design is more beneficial to employers, which leads to excessive autonomy and arbitrariness of employers. Drawing on foreign experience and other departmental laws, at the judicial level, at

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47

Flett, Emma, Jenny Wilson, and Rebecca Gover. "Morrisons off the hook as employers welcome clarity on vicarious liability for data breach." Journal of Intellectual Property Law & Practice 15, no. 7 (2020): 504–6. http://dx.doi.org/10.1093/jiplp/jpaa084.

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Abstract The UK Supreme Court has granted the appeal of supermarket chain WW Morrison Supermarkets plc (Morrisons), finding that the Court of Appeal had misunderstood a number of the governing principles of vicarious liability. Considering Morrisons’ liability afresh, the Supreme Court clarified that the motive and authorized acts of the wrongdoing employee are highly material to a finding of vicarious liability, whilst a causal chain of events is not. Whilst Morrisons’ victory is a welcome clarification on the law of vicarious liability, data controllers should take note: had Morrisons not be

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48

Kleiman, Lawrence S., and Darrin Kass. "Employer Liability for Hiring and Retaining Unfit Workers: How Employers Can Minimize Their Risks." Employment Relations Today 41, no. 2 (2014): 33–41. http://dx.doi.org/10.1002/ert.21451.

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Smith, Kevin J., and Lindsay R. Colvin. "Not So Happy Together? How Expanding Employers Can Avoid Single or Joint Employer Liability." Employment Relations Today 43, no. 3 (2016): 109–15. http://dx.doi.org/10.1002/ert.21576.

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50

Eyongndi, David Tarh-Akong. "An appraisal of HIV and Aids (Anti-Discrimination) Act, 2014 and the tide of employment discrimination in Nigeria." Africa Nazarene University Law Journal 8, no. 1 (2020): 111–27. http://dx.doi.org/10.47348/anulj/v8/i1a5.

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Subjecting employees or applicants to a medical test to determine whether they are fit for employment and so pre-empt any liability that the employer may suffer owing to the unfitness of the employer has become a prevalent practice. However, a trend has developed in terms of which employers subject employees to medical tests to use the outcome as a reason to discriminate against them and terminate their employment. Testing positive for HIV/AIDS is one such outcome where the status of the employee, despite their right to be free from discrimination, has been used to terminate their employment.

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