Case Law: Employment

• Kirby v NCB 1958

  This case involved miners who took a break from work and went to smoke in an unauthorised area.  There was an explosion and Kirby was injured.

  The National Coal Board (NCB) were NOT held vicariously liable in this case as smoking in its mines was expressly forbidden by statute.
• Williams v A& W Hemphill 1966

  Driver been hired to pick boys up from camp, employers instructions said to take usually route but the boys convinced him to go another one. The lorry was involved in an accident and boys were injured.

  Held that although he did his job in an unauthorised way the employer was still liable
• Bradford v Robinson Rentals 1967

  In this case an employer, in severe weather conditions, sent Bradford on a round trip of 400 miles in a van with a defective heater.  His employer was held liable for the frostbite he suffered
• Rose v Plenty 1976

  Children specifically prohibited from travelling on milk float. One milkman has a young boy helping him with his milkround and so allows him to travel on the milkfloat (in contradiction to employers instructions). There is an accident and boy is injured.

  HELD Employer is found to be vicariously liable because the employee is acting in the employers interests
• Robb v Green 1895

  Robb wrote down the names of his employer’s customers before he left their employment. He planned to set up a business in competition with his ex-employers and try to persuade their customers to switch their business to him. The courts prevented the ex-employee from doing this through an interdict – don’t do that