For every South African business with staff, vicarious liability means hiring, training and supervision decisions carry real financial exposure. Employers escape liability only where an employee was on a genuine "frolic of their own" — acting entirely outside their work role for personal reasons unconnected to the job.
Source: Supreme Court of Appeal
Frequently Asked Questions
Does an employer have to be at fault for vicarious liability to apply?
No — the law imposes liability regardless of whether the employer personally did anything wrong, as long as the employee's act happened within the course and scope of employment.
What is a "frolic of their own" in this legal context?
It refers to an employee acting entirely outside their work duties, pursuing purely personal interests unrelated to their job — in such cases the employer is generally not liable.
Can an employer be held liable for an employee's criminal act at work?
Yes, if the conduct is sufficiently connected to the employment relationship — South African courts have upheld liability even for serious criminal conduct by employees in certain circumstances.