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 ...
In almost all levels of the judiciary, one could hardly find any decision interpreting or applying the provisions of the labour proclamation dealing with variation of employment contract. It is not because they didn’t encounter disputes relating to variation, rather the reason lies in their failure to relate the law with the relevant facts of the case. Variation implies making changes to the terms and conditions of the contract. Two important elements of the terms and conditions are the job duties and work location. A contract of employment is a legally binding agreement: the two parties are bound by its terms and it is enforceable in law. An employer wishing to make changes should first obtain consent of the worker.