Elmontem -v- Nethercross Ltd & Ors [2014] IEHC 91 (28 February 2014)

Elmontem -v- Nethercross Ltd & Ors [2014] IEHC 91 (28 February 2014)

The employer is not vicariously liable for the assault as the act was not closely connected with the scope of employment, but is liable for breach of statutory and common law duty for failing to take reasonable precautions and preventive measures given the foreseeability of risk posed by the second defendant.

Citation
[2014] IEHC 91
Parties
Plaintiff: Joseph Elmontem; First Defendant: Nethercross Limited trading as Roganstown Golf and Country Club; Second Defendant: Max Usi
Jurisdiction
Ireland
Judgment Date
28 February 2014
Procedural Posture
Personal Injury Action / Final Judgment
Outcome
Plaintiff's claim for vicarious liability dismissed; claim for breach of duty upheld.
Legal Topics
Vicarious Liability, Employer's Duty of Care, Workplace Assault, Statutory Duty Under Safety Health and Welfare at Work Act 2005
Employment Law Tort Law Personal Injury Vicarious Liability Employer's Duty of Care Workplace Assault Statutory Duty Under Safety Health and Welfare at Work Act 2005

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Parties

Joseph Elmontem

Plaintiff

Nethercross Limited trading as Roganstown Golf and Country Club

First Defendant

Max Usi

Second Defendant

Procedural Posture

Personal Injury Action / Final Judgment

Legal Issues

  1. 1 Is the employer vicariously liable for an assault by one employee on another?
  2. 2 Did the employer breach its statutory and common law duty to provide a safe workplace and competent co-employees?

Ratio Decidendi

The employer is not vicariously liable for the assault as the act was not closely connected with the scope of employment, but is liable for breach of statutory and common law duty for failing to take reasonable precautions and preventive measures given the foreseeability of risk posed by the second defendant.

Court Disposition

Plaintiff's claim for vicarious liability dismissed; claim for breach of duty upheld.

Orders

  • Decree for €33,984 in damages against first and second defendants as joint tortfeasors