29 Jan 2021
GMP KAISAR SECURITY (M) SDN. BHD. (NO. SYARIKAT: 700058-U) MOHAMAD AMIRUL AMIN BIN MOHAMED AMIR (NO. K/P: 880630-07-5017)
- Citation
- P-02(NCvC)(W)-1556-08/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-1556-08/2019 (Mahkamah Rayuan)
The minority judge would reverse the High Court: vicarious liability was improperly imposed because the trial court failed to identify a specific tort by the employee and failed to apply the required closeness-of-connection test; the employee's shooting was a frolic of his own not done in the course of employment or for the employer's business, therefore the employer should not be held vicariously liable.