Employers Liability for its Employees Sex Abuse Case Study

Employers Liability for its Employees Sex Abuse - Case Study Example The case 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 liable 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 liable. The test is as follows: 1) The court shall openly assess whether the liability should be imposed against the employer, rather than obscuring the decision under semantic discussions of scope of the employment and mode of the conduct. 2) The court shall assess whether the wrong act is sufficiently 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 enforced on the employer to serve as adequate remedy for the plaintiff and as deterrence. In determining the sufficiency of connection, the court shall consider the following factors: In 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 decision of a lower court and ruled that, the Roman Catholic Diocese was vicariously directly liable for the actions of Bennet. Therefore, from the legal provisions and cases aforementioned, it is evident that the defendant (principle) in Curry’s 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 Curry’s case is anything to go by because: Firstly, the employer afforded Curry the opportunity to abuse his power in that the job description of the

1500-1834 in England women an dependent children how their needs were Essay

1500-1834 in England women an dependent children how their needs were met including the Elizabethan Poor Laws and the Poor Law Reforms of 1834 - Essay Example Private benefactors would also leave wills to establish almshouses that provided shelter for women and dependent children. However, the growing numbers of the population that required such services soon overwhelmed individual philanthropy, hence the need of a series of Acts to address their needs. The Poor Relief Act 1601 (or the Elizabethan Poor Law) formalized previous practices of the distribution of poor relief in England and Wales. Previously, poor women and dependent children were catered for by the decentralized parish as an administrative unit, but the new law was more of a correction than punishing system for the targeted population (Day, 2013). However, the population was growing faster than the available resources could handle and it was argued that many women opted to for the pleasant option of claiming relief rather than working to earn. Further, the â€Å"iron law of wages† also argued that the aid provided under the Elizabethan Poor Law undermined workersâ€℠¢ wages as employers reduced their pay yet the workers who did not receive the aid needed protection. This led to the Poor Law Amendment of 1834 that replaced the 1601 law. The rationale of this law was that people who could not work were to be taken care of in almshouses while the poor but able-bodied were to work for pay in a House of Industry. Children dependent on the poor women would become