LIABILITY FOR EMPLOYEE ACTIONS IN NIGERIA: AN ANALYSIS OF VICARIOUS LIABILITY IN EMPLOYMENT CONTEXTS

Abstract

This paper examines the doctrine of vicarious liability in Nigerian employment law, focusing on the liability of employers for employee actions. Usually, the relationship of an employer and their employee is special and particular to the object of the employment. The employee is contracted to execute a certain task. During this existing relationship, the employer may be called upon to answer question(s) for an act or conduct of his employee. The paper delves into the legal principles, case laws and statutory provisions that govern vicarious liability in employment relationships in Nigeria whilst considering other jurisdiction. It explores the evolution of vicarious liability, its underlying rationales, and circumstances under which employers may be held liable for employee misconduct. The research employed the doctrinal method. It adopted the analytical approach to comb through primary and secondary sources. The research analyzes the similarities and differences between the Nigerian and Canadian approaches to vicarious liability. The finding of this research is that in many cases, the tort of vicarious liability is considered without the socio-economic conditions of the people. It recommended, among others, a relaxation of the strict interpretation of “in the course of employment”.