Negligence,employment,Canada,N law Negligence in employment in Canada
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Negligence in employment coversseveral actions in tort law, mainly when an employer is responsible for theaccident (or other tortuous act) caused by the employee. The employer in thiscase is negligent in providing the employee with the ability to create thissituation. A person who is claiming negligence must prove that the defendantowed them a duty of care, that this duty was breached and that the claimant wasinjured as a result of the duty breach. This duty exists only if the injury islabeled as "reasonably foreseeable" (can cause the harm of the typewhich occurred at the current accident). The claimant must also be the personfor whom the harm would be a "reasonably foreseeable consequence". Generallythe law divides Negligence in employment in four scenarios: negligent hiring,negligent retention, negligent supervision and negligent training. Negligent HiringNegligent hiring is a situation whenthe employer hires the employee ignoring some of his work records that pointedto the fact that the accident can occur. This is one of the cornerstones ofnegligence in employment, because at this point everything depends on theactions of the employer and his professional skills in hiring employees. Allthe other scenarios can include some factors that appear later during theworking process, but hiring is the moment when only the employer is guilty forthe possible future incidents. Negligent hiring is also the scenario that canbe prevented by the buyer alone. Additional investigation can uncover somefacts about the future employee. So it is best for the buyers to conductinterviews, verify work and educational histories, check references and conducta background check on the future employee. In some cases the check can beconsidered insufficient, still it is best to do to it, especially if theemployee looks like he is hiding something from his previous work experience. Negligent RetentionThis type of negligence occurs whenthe people in charge failed to remove an employee from a position of authorityor responsibility after it was clear that the employee wasnt capable ofhandling the responsibility. The results of this negligence are probably themost serious, a non-professional person with authority can cause huge lossesfor a company. If a person is suited for negligent retention very often he orshe pleads negligent supervision or training. It changes the penalties fromfiring the employee to conduct additional training or add supervision to theworking process. Negligent SupervisionNegligent supervision occurs whenthe party fails to monitor or control the actions of the employee. As the othertypes of negligence it results into injuries or losses if the work of anemployee was not observed correctly. Negligent TrainingThis negligence occurs when a party failsat training of the employee or at making him aware of certain details of theworking process and it results into injuries or losses. This occurs only incertain types of companies where an additional training for employees isrequired. For more information regarding Vancouverimmigration lawyers, Toronto personal injury lawyers, Vancouverinjury lawyers and Attorney pleasevisit: www.lawyerahead.ca
Negligence,employment,Canada,N