prohibitions on the employee (1 Viewer)

[= Jennifer =]

Where the employer expressly prohibits a particular conduct,
the employee’s act in breach of the prohibition is generally
considered to be outside the scope of the employee’s services -
employer not liable

what case can i use for this? deatons? (barmaid who throws beer bottle)

 

[MoonlightSonata]

Where the employer expressly prohibits a particular conduct,
the employee’s act in breach of the prohibition is generally
considered to be outside the scope of the employee’s services -
employer not liable

what case can i use for this? deatons? (barmaid who throws beer bottle)

Keep in mind prohibition doesn't necessarily mean there will be no liability -- see the summary of a few points of law in Bugge v Brown. There can even be a responsibility when the employee's act is criminal!

 

[Demandred]

Depends on the circumstances. In Bugge, he follow the person's orders, which was a part of his job, he only carried it out in the wrong way. Deaton was different because she was never ordered/told to do such things, the act was on her own voilition.