Employers Liability for its Employees Sex Abuse Case Study

Employers Liability for its Employees sex activity Abuse - Case Study ExampleThe fictional character involved an employer who operated a care facility for mentally disabled children. One of the employees in the facility sexually abused a child. The supreme could of Canada held that the employer was vicariously apt(predicate) for the unauthorized, intentional and wrong act of the employee. The Supreme Court issued a two-part approach to test whether an employer should be held vicariously apt(p). The test is as follows1) The court shall openly assess whether the liability should be imposed against the employer, rather than obscuring the last downstairs semantic discussions of scope of the employment and mode of the conduct.2) The court shall assess whether the wrong act is adequately connected to conduct authorized by the employer to warrant imposition of liability on the employer. Where there is sufficient connection between the offence and the authority granted to the employee, vicarious liability will be obligate on the employer to serve as adequate remedy for the plaintiff and as deterrence. In determining the enough of connection, the court shall consider the following factorsIn addition, in the case of sexual assault, John Doe v. Bennett in which a Parish priest (Bennet) of the Roman Catholic Diocese in Newfoundland, Canada abused several young boys who were under his care for thirty years while serving as a parish priest. (White, 2005). The Canada Supreme Court upheld the finish of a lower court and ruled that, the Roman Catholic Diocese was vicariously directly unresistant for the actions of Bennet. Therefore, from the legal provisions and cases aforementioned, it is evident that the defendant (principle) in Currys case scenario is vicariously liable for the misconduct of his/her employee, curry if the application of the second part of the Bazley test in Currys case is anything to go by becauseFirstly, the employer afforded Curry the opportunity to abuse his power in that the job description of the