That protection against unfair dismissal and unfair labour practises is not shared between the TES and the client CHAPTER 3: THE IMPACT OF THE COMMON LAW ON THE CONTRACT OF EMPLOYMENT DUTIES OF THE EMPLOYER AND THE EMPLOYEE: DUTIES OF THE EMPOYERS: To remunerate the employee To provide the employee with work To provide safe working conditions To deal fairly with the employee DUTIES OF THE EMPLOYEE: To render services to the employer To work competently and diligently To obey lawful and reasonable instructions To the employer’s interest and act in good faith (also known as a fiduciary duty) THE DOCTRINE OF VACARIOUS LIABILITY: According to this doctrine an employer is liable for the unlawful or delictual acts of an employee performed during the course of business The operation of this doctrine is regulated by the common-law and not by employment legislation It is based on the principle that the employer (who by its profitable operation creates a risk of harm to others), has to compensate those who suffer injury as a result of the wrongful conduct of an employee Vicarious liability protects third parties It does not mean the employer will have no recourse, depending on the circumstances; the employer can discipline the employee for misconduct and even repayment in this regard There are three requirements that must be met for the employer to be liable for the employee’s wrongful conduct: must be a contract of employment The employee must have in the course and scope of employment The employee must have committed a delict. CASE LAW: Bezuidenhout NO v Eskom The employee had been provided with a marked as Eskom property for the purposes of carrying out his duties
That protection against unfair dismissal and unfair labour practises is not shared between the TES and the client CHAPTER 3: THE IMPACT OF THE COMMON LAW ON THE CONTRACT OF EMPLOYMENT DUTIES OF THE EMPLOYER AND THE EMPLOYEE: DUTIES OF THE EMPOYERS: To remunerate the employee To provide the employee with work To provide safe working conditions To deal fairly with the employee DUTIES OF THE EMPLOYEE: To render services to the employer To work competently and diligently To obey lawful and reasonable instructions To the employer’s interest and act in good faith (also known as a fiduciary duty) THE DOCTRINE OF VACARIOUS LIABILITY: According to this doctrine an employer is liable for the unlawful or delictual acts of an employee performed during the course of business The operation of this doctrine is regulated by the common-law and not by employment legislation It is based on the principle that the employer (who by its profitable operation creates a risk of harm to others), has to compensate those who suffer injury as a result of the wrongful conduct of an employee Vicarious liability protects third parties It does not mean the employer will have no recourse, depending on the circumstances; the employer can discipline the employee for misconduct and even repayment in this regard There are three requirements that must be met for the employer to be liable for the employee’s wrongful conduct: must be a contract of employment The employee must have in the course and scope of employment The employee must have committed a delict. CASE LAW: Bezuidenhout NO v Eskom The employee had been provided with a marked as Eskom property for the purposes of carrying out his duties
MRL3702-labour_law_notes.docx