Bus firm loses appeal in assault case

Full text available at http://www.irishtimes.com/newspaper/ireland/2012/0714/1224320064040.html

Bus Éireann has lost a claim that it should not be held vicariously liable for an assault committed on a cyclist on a footpath by one of its drivers.

The company had brought High Court proceedings after Scott Alexander Burns (38), The Orchard, Greenwood, Ayrfield, Dublin, was awarded €15,000 damages against Bus Éireann by Judge Jacqueline Linnane at Dublin Circuit Civil Court last January.

The action was brought by Mr.Burns due to an assault where Bus Eireann driver William Murray bent his right thumb back and caused him to tear muscles and ligaments.

Bus Eireann denied they were responsible for the actions of Mr. Murray and brought an appeal to the High Court arguing that they should not be vicariously liable for the actions of the driver as it occurred on a public footpath and was not associated with his duties as a driver. They claimed that it was outside the scope of his employment.

However, High Court president Mr. Justice Nicholas Kearns said the driver had just about been acting in the course of his employment when the assault occurred. Even though, they were not sanctioned by his employer, Bus Eireann were found to be vicariously liable.

Brophy Solicitors advise employers in Ireland to take notice of this judgment as it highlights the importance of ensuring that employees behave in an appropriate manner when they are carrying out their duties in the course of their employment. Employers must set out clearly to their employees  the kind of behaviour and conduct that is expected of them when they are on their employer’s premises, operating their employer’s machinery or vehicles, or representing their employer in a public place through their actions or by wearing their company uniform. Employees should be told that if they do anything outside of the scope of their employment that it could result in serious consequences.

Brophy Solicitors

16.07.12