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Australian Negligence - Employee/Employer? |
How do I establish, in an Australian negligence and accident hypothetical, that the employee was acting outside the scope of their employment and as such, the employer is not liable? Anyone have any case law or legal authorities? Unless you have clearly defined and written policies, procedures, training, and you can prove the employee was cognisant of these - via written signature, or by virtue of the documents having been issued to the employee at a date prior to the alleged negligence, and relevant training given - then you are fighting a battle that you will likely lose if the individual has a half way decent lawyer on side. |
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