19 March 2010 #Employment
When looking at whether an employer would be held vicariously liable for the actions of its employee, the Court of Appeal in the case of Maga v Trustees of Birmingham Archdiocese of the Roman Catholic Church considered the test set out in the previous case of Lister v Hesley Hall Ltd.
In this case a Priest had allegedly sexually abused a child. The Court stated that the correct test on employer`s vicarious liability is to look at whether the unlawful acts were so closely connected with the employment that it would be fair and just to hold the employer vicariously liable. A broad approach should be adopted when establishing the scope of employment, and in this case a Priest was ‘never off duty`.