Can an employer be liable to an employee for the consequences of the employee’s negligence?
Ontario, Canada
The following excerpt is from Landry v Pointone Graphics Inc., 2016 ONSC 1131 (CanLII):
While the Court of Appeal in Douglas v. Kinger did not involve a claim in contract (the employee being a minor) the reasoning of Lang J.A. applies with equal force or logic in any analysis of the employment relationship from a contract law perspective as well. In the absence of a written agreement imposing such liability, it cannot be consistent to a construction of the employment contract or with the reasonable expectations of the parties to impose an obligation upon the employee to indemnity the employer for consequences of ordinary negligence.
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