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While negligence in employment may overlap with negligent entrustment and vicarious liability, the concepts are distinct grounds of liability. The doctrine that an employer is liable for torts committed by employees within the scope of their employment is called respondeat superior.
Misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. It is an act which is forbidden or a failure to do that which is required. Misconduct may involve harm to another person's health or well-being.
An employee may be demoted for violating the rules of the organization by a behavior such as excessive lateness, misconduct, or negligence. In some cases, an employee may be demoted as an alternative to being laid off, if the employee has poor job performance or if the company is facing a financial crisis.
An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice. If no cause exists yet the employer dismisses without providing lawful notice, then the dismissal is a wrongful dismissal.
"Employers' Liability Insurers agree that they will not institute a claim against the employee of an insured employer in respect of the death of or injury to a fellow-employee unless the weight of evidence clearly indicates (i) collusion or (ii) wilful misconduct on the part of the employee against whom a claim is made." [91]
The act states that any worker (or an immediate family member) is entitled to compensation for injury (or death) when the injury was caused by a defect in equipment or machinery, negligence of any person given authority over the worker by the employer, or an act or omission made by following the orders or bylaws of the employer or their representative.
Just cause is a common standard in employment law, as a form of job security.When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. [1]
However, willful misconduct may result in disciplinary action such as termination of employment—even if no harm was caused. Work on just culture has been applied to industrial, [6] healthcare, [7] [8] aviation [9] [10] and other [11] settings.