NSW Negligence question

[Jordan_]

Hey!
In negligence law, is an employer able to bring forth a claim on behalf of their employees (as their plaintiff)?
For example, if X is on a work retreat with their boss Y and X gets injured due to a breach of duty of care from Z, can Y bring a claim for X because Y owns the company X works for?

Hope this makes sense,
Thanks!

 

[Paul Cott]

Hey!
In negligence law, is an employer able to bring forth a claim on behalf of their employees (as their plaintiff)?
For example, if X is on a work retreat with their boss Y and X gets injured due to a breach of duty of care from Z, can Y bring a claim for X because Y owns the company X works for?

Hope this makes sense,
Thanks!

Hi Jordan,

I don't think that generally, an employer can bring a claim on behalf of the employee as it would be the employee's own loss and damage (and so, potential compensation) that the employee is claiming. Unless the employer claims that because of the employee being injured (say, the employee could not work for a period) the employer has suffered their own loss and damage. Or unless there is a power of attorney or similar in place allowing the employee to do 'acts' on behalf of the employee as the employee has not capacity to act on their own behalf. But if anyone has a different view on your interesting question then I would be keen to see it. Paul Cott.

 

[Martis]

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