External
Generally, vicarious liability means that an employer is liable to compensate a person who suffers injury or loss as a result of the negligence of an employee, provided the negligent act occurs in the course of the employee's employment.
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Example |
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An employee injured due to the negligence of a fellow can bring a claim for damages against the employer, rather than the employee. |
However, in the case of section 44 (1), the provision excludes the Commonwealth from such negligence. The Commonwealth cannot be held liable for the negligence of one of its employees.