Statutory duty against employer Essay Example | Topics and Well Written Essays - 1500 words - 3

Statutory duty against employer - Essay ExampleThe case of Wilsons & Clyde Coal Company v English3 established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence. These duties are selection of competent staff that had the benefit of proper pedagogy proper and suitable plant proper and fit place of work, and safe system of work. The aforecited duties are deemed main(a) liability of employers. In McDermid v Nash Dredging and Reclamation Co Ltd,4 the Court awarded compensation to the claimant, employee of the therein defendant, who was injured whilst playacting his functions as a deckhand on a towboat, owned by a Dutch community working in the dredging operations with the defendant company. The tug captain, who was employed by the Dutch company, carelessly mishandled the tug movement resulting in the injuries sustained by the claimant. The Court sided with t he claimant notwithstanding that the injuries was caused by the tug captain, who was not at a lower place its employ, on the ground that the righteousness to keep a safe system of work was its personal responsibility and therefore, non-delegable. An action for breach of statutory duties necessarily requires that the employer has breached a provision of a statute or law. An evenly important consideration in this action is the determination that the statute itself contemplates granting the claimant a right to a accomplished action. An action for breach of statutory duties necessarily requires.