Analysing the Laws Guiding Employers Liability on Employees

5454 Words22 Pages
TORT ESSAY ASSIGNMENT LATEST Critically analysing the law governing an employers liability for injuries caused to his employee at work. INTRODUCTION The law requires that an employer takes reasonable steps to ensure the safety of all employees, and they are obliged to observe a reasonable standard of care. Broadly speaking, employers are required to provide adequate safety information and equipment to their employees, to ensure that the workplace is safe, while providing adequate instructions and competent staff to carry out the duties, and to properly warn employees of any dangers in the workplace. Failure to adequately adhere to their statutory duties may result in an action against an employer. It is well established law that an employer may be held liable for its employees’ breaches of common law obligations and statutory duties where this is expressly stated within the statute. Employers will be liable for injury sustained by employees in the course of employment. It is applicable to claims by both third parties and fellow employees. If a fellow employee's injury is sustained outside, the course of employment the employer is not liable. An employer is not liable for the torts of an independent contractor, but he will be responsible where the contractor's negligence produces a breach of the employer's primary duty Every employer has a common law duty to provide a safe workplace, safe equipment and a safe system of work for employee in order to avoid injury to employee in all area of their employment, Connolly v. Dundalk UDC (1990). The Common law duties to take reasonable steps to provide a safe place of work for employees by employers are such that they can not be delegated to independent contactors so as to avoid primary liability been transferred on employer, and to make sure that their duties are carried out efficiently, Heeney v. Dublin
Open Document