Employment and Labor Law

Can a defendant employer claim a contribution or indemnity from a negligent employee?

Authors: Mark Brookes and Tom Pepper

When a claimant has suffered loss as a result of a person’s negligence in the course of that person’s ordinary employment, the person’s employer will usually be vicariously liable for the actions of its employee.

A recent Queensland Court of Appeal decision has indicated that in Queensland, it may still be possible for an employer to seek a contribution or indemnity from an employee whose negligent acts have exposed the employer to legal liability to a third party, if the employee’s acts amount to a breach of an implied term in their employment contract to exercise due care and skill in discharging their role.

Read the entire article.

< Back