Case Analysis Sprod Bnf V Public Relations Oriented...

Introduction At first, the NSW Supreme Court found that the Public Relation Oriented Security was not vicariously liable as the assault was motivated by guard’s blood lust and want beyond the reasonable acts. In Sprod bnf v Public Relations Oriented Security Pty Ltd[1], the court of appeal was faced with complex difficulty concerning the employee’s authority either the authority of the employee is within the scope of employment or not which may resulted in vicarious liability. Material Facts The appellant, Mr. Sprod who was acting drunk and assaulting inside a pizza shop, prompted the owner of the shop to call security guards from the respondent, Public Relations Oriented Security Ptd Ltd. The assault occurred after the appellant†¦show more content†¦Secondly, the employers must constitute their employee with appropriate action. Although the employer held an appropriate license, the employer may still be liable of their acts due to the employee negligence[14]. Especially in regard with dangerous environment, assault scenario can easily arise due to the security where alcohol increases the assault[15]. Legal Development Further area left unanswered by Sprod bnf v Public Relations Oriented Security was highlighted in McCracken v Melbourne Storm Rugby League Footbal Club (2005)[16]. This case stated that employer is imposed vicarious liability upon employer for animosity act or criminal act by employees. The case also stated that there must be closely connection within the authority of employees and act by which their employer was considered to be vicariously liable. This case may resolve the entire issues rise in Sprof bnf v Public Relations Oriented Security. Conclusion The connection of an employee s acts to his or her employment may sometimes extend to events that occur outside the physical confines of the workplace. References Lo Surdo, A. (2008) The latest word from the High Court on vicarious liability, LAW SOCIETY JOURNAL, September 45 (8), pp.64-65. Sprod bnf v Public Relations Oriented Security Pty Ltd [2007] NSWCA 319. State of New South Wales v Lepore [2003] 212 CLR 511, 536 per Gleeson CJ. Fisher, C. (2008) Are Employers Liable for an Employee’s Criminal Doing? February,