Bernier Beaudry, avocats d'affaires
Publications

Home > Publications > An employer’s responsibility...

An employer’s responsibility regarding injury committed by an employee

Did you know that an employer may, in certain circumstances, be held responsible for a fault made by one of their employees during the performance of their duties?

In fact, the Civil code of Quebec is clear and edicts that the principal is responsible for the injury caused by their agents going as far as creating a presumption of responsibility of the employer with regards to their employee’s actions[1].

In other words, the employer is responsible of the injury caused by their employees in the performance of their duties, whether or not the employer themselves has committed a fault.

This presumption of responsibility is subject to three (3) conditions:  

  1. The employee must have caused injury;
  2. There must be an employer-employee relationship;
  3. The injury must have been caused in the performance of their duties

Therefore, if these three (3) conditions are present, the employer will automatically be held responsible.

The employer will nonetheless have certain grounds for defence in order to free themselves of the presumption of responsibility. For example, the employer will of course be able to attempt to prove the absence of one or more of the aforementioned conditions or simply invoke external cause such as a superior force.

Finally, it must be noted that the employer who is held responsible is not without recourse.  In fact, the employer will always have the option, should they so desire, to sue the faulty employee directly[2].



[1] 1463 C.c.Q.

[2] Idem 1

< Back to the list

Did you know…

More than 25 years ago, in an attempt to intervene in urgent immigration files, the federal government introduced on-call services on a voluntary basis by it jurist employees. These jurists were allowed to enroll in the on-call services, which would ensure their availability and their presence after work hours as well as weekends. Their usual compensation for this service would be supplemental hours or paid leave for their on-call hours served.

Go

What's new

Notice - Telephone system in Thetford Mines

Go

Copyright 2020 © Bernier Beaudry inc.   |   Web and multimedia agency : Image de Mark, strategic marketing