A recent Cape high court case involving an acting principal accused of raping a schoolgirl should serve as a stern warning to all employers, especially the state, that potential employees should be properly vetted to determine the suitability of their ...
For parents who place the well-being of their children in the hands of school teachers, it is unthinkable that these guardians could also prey upon their children. Unfortunately, there is an increase in cases, the Western Cape high court was tasked to deal with a case in which an acting principal had allegedly raped a schoolgirl. This case demonstrates the importance of effectively dealing with matters related to sexual violence against school children.
The employee filed a counterclaim for damages, stating that a disciplinary tribunal had acquitted him and that the pupil had falsely accused him of rape. He also claimed that the student had lied about the incident. The department and the school were held liable for the incident because of an alleged omission, defined as the wilful and negligent breach of a legal duty to safeguard the student from harm.
A reasonable employer in the department’s position would have anticipated the possibility of minors being subjected to sexual exploitation or abuse at the hands of someone like the employee. The decision that was made is appropriate. In the context of a working environment, vicarious liability refers to the situation in which an employer is held responsible for the activities of an employee or employees. The employer’s liability is considered one of strict liability, also known as liability without fault, and it exists in addition to the employee’s liability.
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