Let’s say a delivery driver crashes into your parked car during working hours. Can you hold the delivery company liable for the damage, or only the driver? Situations like this raise real questions about vicarious liability in Singapore, especially when it comes to the legal relationship between employers and employees.
If you’re confused about what this term really means or how it might apply to your situation, you’re not alone.
The good news? You don’t need to be a legal expert to understand it. This article walks you through it in simple terms, with real-life applications and important things employers (and employees) should know.
What Is Vicarious Liability?
Let’s start with the vicarious liability meaning in law. Simply put, it means that someone can be held legally responsible for the actions of another person. In employment settings, it usually refers to the employer being held accountable for something wrong that an employee did, even if the employer wasn’t directly involved.
In practical terms, this means an employer might have to pay damages for injuries or loss caused by their employee’s negligence, if it happened in the course of employment.
When Does Vicarious Liability Apply?
Vicarious liability in Singapore applies when an employee’s actions cause harm or loss to another person, and there’s a clear connection between those actions and their job. But it’s not always straightforward. The Court typically considers two main requirements:
There Must Be An Employer-Employee Relationship
For vicarious liability to arise, the person responsible for the harm must be an employee, not a freelancer, contractor, or volunteer. This might seem simple, but legal disputes sometimes emerge when companies classify workers differently to reduce risk. The Court will look beyond labels to assess the actual working relationship:
- Does the employer control how the work is done?
- Does the employer provide tools, schedule, and instructions?
- Is the person integrated into the organisation’s daily operations?
The Wrongful Act Must Occur “In The Course Of Employment”
This is where things get more nuanced. An employer is not automatically liable just because the harm occurred during working hours. The act must be sufficiently connected to what the employee was hired to do.
For example:
- A delivery driver who runs a red light while delivering packages might trigger vicarious liability for the company.
- But if that same driver makes a personal stop at a friend’s house and causes an accident, the company may not be held liable.
Can Employers Avoid Liability?
While employers cannot completely eliminate the risk of vicarious liability in Singapore, there are steps they can take to limit their exposure and demonstrate due diligence:
- Hire Carefully
Proper background checks and hiring procedures matter. Employing someone unqualified or with a known history of misconduct could increase liability risks.
- Train Employees Properly
Employers should provide thorough training and regular refreshers on safety, conduct, and responsibilities. This shows that they took reasonable steps to prevent harm.
- Implement and Enforce Clear Policies
Clear company policies about employee conduct, boundaries, and reporting procedures can help prevent wrongdoing. They also serve as evidence if an incident occurs.
- Supervise Appropriately
Simply assigning work isn’t enough. Employers need to supervise, monitor, and correct behaviour when necessary.
When Vicarious Liability Does Not Apply
Just because someone is employed by a company doesn’t mean that company is always liable for what they do. There are situations where vicarious liability in Singapore won’t apply:
- Acts Outside The Scope Of Employment
If an employee steps far outside the bounds of their role, the employer may not be liable. For instance, if a cashier gets into a personal argument with a customer and assaults them, the employer might argue the act was not connected to their job duties. - “Frolic Of Their Own”
This legal term refers to situations where the employee acts independently for personal reasons. For example, an office assistant using the company van to run personal errands during work hours and causing an accident may not lead to employer liability. - Independent Contractors
As mentioned earlier, companies are generally not vicariously liable for the actions of independent contractors. These workers operate under their own control and direction, unlike employees who are closely managed by their employers. - Intentional Acts Done For Personal Reasons
If an employee commits a wrongful act (like theft or assault) purely for personal gain and unrelated to their work, the employer might not be held accountable, unless the role somehow gave the employee the means or opportunity to commit the act.
Each case is fact-specific, and the Court will always assess how closely the employee’s act was tied to their professional duties and how foreseeable the harm was from the employer’s perspective.
Conclusion About Vicarious Liability In Singapore
Whether you’re an employer trying to protect your company or someone seeking justice after an injury caused by an employee, it’s crucial to understand vicarious liability in Singapore. If you think you have a case or need legal advice, don’t navigate this alone.
Tembusu Law is here to help. As trusted professionals with the best corporate lawyers and criminal lawyers in Singapore, we’re ready to stand by your side.
Contact us today for a fee consultation and understand your rights and options better.
Frequently Asked Questions About Vicarious Liability In Singapore
When Can An Employer Be Held Vicariously Liable?
An employer may be held liable if the employee was acting in the course of their employment and their actions were connected to their duties.
Can Employers Be Liable For Intentional Acts By Employees?
Yes, in some cases. If the intentional act is closely linked to the job duties, the employer may still be liable.
Does Vicarious Liability Apply To Independent Contractors?
Generally, no. Vicarious liability usually applies only to employer-employee relationships, not to contractors or freelancers.
Can A Victim Sue Both The Employee And Employer?
Yes. A victim may choose to sue both the employee and the employer, though the employer often bears the financial liability.
