GMP KAISAR SECURITY (M) SDN BHD MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR

GMP KAISAR SECURITY (M) SDN BHD MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR

The Federal Court held GMP vicariously liable because Jaafar, an armed personal bodyguard provided with GMP's firearm and on duty, committed intentional wrongful acts that were so closely connected to the nature of his employment and the risk created by the employer that it was fair and just to impose liability; the absence of a specific tort label at trial did not negate the factual findings establishing tortious liability.

Citation
02(f)-44-07/2021(P) (Mahkamah Persekutuan)
Parties
Appellant / 2nd Defendant / Employer: GMP Kaisar Security (M) Sdn Bhd; Respondent / Plaintiff: Mohamad Amirul Amin bin Mohamed Amir; 1st Defendant / Primary Tortfeasor: Jaafar bin Haalid
Court
f
Jurisdiction
Malaysia
Judgment Date
18 October 2022
Case Number
02(f)-44-07/2021(P) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal (vicarious Liability in Tort) / Final Appeal to Federal Court; Judgment Affirming Lower Courts
Outcome
Appeal dismissed; decisions of High Court and Court of Appeal affirmed
Legal Topics
Vicarious Liability, Close Connection Test, Scope of Employment, Intentional Torts, Damages
Source Language
Malay/English
Tort Employment Law Vicarious Liability Criminal Law (overlap) Close Connection Test Scope of Employment Intentional Torts Damages

Case Brief

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Parties

GMP Kaisar Security (M) Sdn Bhd

Appellant / 2nd Defendant / Employer

Mohamad Amirul Amin bin Mohamed Amir

Respondent / Plaintiff

Jaafar bin Haalid

1st Defendant / Primary Tortfeasor

Procedural Posture

Civil Appeal (vicarious Liability in Tort) / Final Appeal to Federal Court; Judgment Affirming Lower Courts

Legal Issues

  1. 1 Whether employer can be vicariously liable for an intentional wrong of an employee absent employer fault
  2. 2 Whether trial court must label a specific tort against the tortfeasor to trigger employer liability
  3. 3 Whether acts clearly outside scope/on a frolic exclude vicarious liability

Ratio Decidendi

The Federal Court held GMP vicariously liable because Jaafar, an armed personal bodyguard provided with GMP's firearm and on duty, committed intentional wrongful acts that were so closely connected to the nature of his employment and the risk created by the employer that it was fair and just to impose liability; the absence of a specific tort label at trial did not negate the factual findings establishing tortious liability.

Court Disposition

Appeal dismissed; decisions of High Court and Court of Appeal affirmed

Orders

  • Appeal dismissed
  • Orders of the High Court and Court of Appeal affirmed