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Law Discussion Forums
Law Discussions
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Duty of Care
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Topics: 3 Posts: 18
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Should employees be liable for the events leading to a work injury??? Where does duty of care cross the line from the employee to the employer? whats your opinions? vote on our poll: http://www.lawspace.net/community/ALCLAWYERS10/polls/170/ http://www.abc.net.au/news/stories/2010/04/28/2884225.htm |
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Topics: 2 Posts: 3
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I never quite fully understood the reasoning and logic behind making an employer responsible for their employees in almost everything they do during work hours. The non-relcutance of the courts to hold most employee actions as 'in the course of their work' surprises me. My opinion is that where an employee acts negligently and harm occurs consequently, or where other torts are committed that may be actionable per se, and the working conditions an emplyoyer provides are partly to blame or the employers instructions are partly to blame then this is understandable. But where one employee is making another employee feel uncomfortable and the employer MAY know of this and then may choose to think that the employee at fault is not doing anything wrong, and a reasonable person would not dispute the good conditions of the work environment and procedures, then why should the employer be liable for merely 'not taking necessary steps' to avoid such occurrances? |



