CIVIL LIABILITY ACT 1936 - SECT 59
CIVIL LIABILITY ACT 1936 - SECT 59
59—Rights as between employer and employee
(1) Notwithstanding
any Act or law, or the provisions express or implied of any contract or
agreement, where an employee commits a tort for which his employer is
vicariously liable—
(a) the
employee shall not be liable to indemnify the employer in respect of the
vicarious liability incurred by the employer; and
(b)
unless the employee is otherwise entitled to indemnity in respect of his
liability, the employer shall be liable to indemnify the employee in respect
of liability incurred by the employee in respect of the tort.
(2) Where an employer
is proceeded against for the tort of his employee, and the employee is
entitled pursuant to a policy of insurance or contract of indemnity to be
indemnified in respect of liability that he may incur in respect of the tort,
the employer shall be subrogated to the rights of the employee under that
policy or contract in respect of the liability incurred by him (the employer),
arising from the commission of the tort.
(3) Where a person
commits serious and wilful misconduct in the course of his employment and that
misconduct constitutes a tort, the provisions of this section shall not apply
in respect of that tort.