Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
Transnational employment relationships—where employer-employee connections span multiple countries—are increasingly common in today’s globalized world. These relationships arise in various contexts. For example, employees working for the Commercial Bank of Ethiopia in Djibouti are employed by the bank in Ethiopia, but they work abroad. Similarly, Ethiopians seeking better opportunities abroad may work in foreign countries, while foreign nationals may take up employment in Ethiopia. In these and other similar cases, employment disputes raise significant issues in private international law. These issues include: The jurisdiction of the court where the dispute will be heard Which country’s employment laws will govern the dispute Whether a judgment from a foreign court can be recognized and enforced Before addressing these points, a court must first determine whether the case presents a private international law issue. This is typically done by examining whether t...