Employer’s Duty of Care
Lilly Beth Rodriguez
November 17, 2011
In the video, the employer's duty of care is called into question. But to analyze the video, employer's duty of care must first be defined. "An employer has a duty to ensure, as far as reasonably practicable, that workers and others are not exposed to risks to health or safety arising from the conduct of the employer's business. An employer must carry out the general statutory duty of care by proceeding, in a systematic way, to: identify hazards; identify, and assess the seriousness of, risks resulting from the hazards; and determine appropriate risk management measures." (Cornock, 2010) With this is mind, does Herman have an employer’s duty of care in regards to Jake's injury and his overtime?
1. Explain whether Jake’s actions are in or out of “his scope of employment.
Jakes actions are within the scope of his employment as manager servicing. Being a manager, Jake is responsible for the end to end and orderly running of his department, including meeting the outputs expected and he cannot take shelter under ‘being overworked’. He has to plan his departmental functioning in a manner to cause minimum disruptions for meeting the business objectives of Herman. It is possible he has been working overtime which might have resulted in fatigue, lower level of alertness and possibly leading to his injury. Holding a managerial position, his age cannot be an excuse for not being able to discharge his responsibilities, though it might have contributed to his injury from impediments to free movement due to arthritis. The ensuing constrained movement would have contributed to his injury. Jake cannot blame Herman for his predicament arising possibly out of his own lack of care. This is all the more so as he is in a managerial cadre and expected to mentor, manage and guide those under his control. His reaction to Herman’s call will only send out a wrong signal to...