Employees are not always following the proper instructions of employers and sometimes are found for the misconduct. In these situations the employer has the right to fire the employee. Some elements are present that are the elements of vicarious liability and can be the reason for firing the employee from the organization (Beatson, 2010). Elements of vicarious liability will be discussed in this section and business situation will be explained that will detail about these elements:
1.Misconduct of the employee: in this element it is explained that is employee of the organization has not worked properly and he has violated the basic laws. Example: an employee was responsible for cleaning the pool but due to his negligence and misconduct he left some stones in the pool and some child got hurt (Beatson, 2010). In the given situation, workers were using proper signs on the floor and it was the responsibility of parents to take care of the child. If this situation was present with an apprentice and he was found guilty of misconduct, his employer would have been liable for the act.
2.Lack of capability: employer has given wrong work to the wrong employee who was not capable of completing the work and this situation got worse (Collins, 2003). In the given situation, an apprentice would have been a responsibility of the organization and employers would have been liable for the act according to the vicarious liability.
3.Legal conditions and situations: in this element of vicarious liability, legal connection needs to be present between both the parties. Party that faced the damage and the party that was responsible for the misconduct. In this situation, an apprentice would have been liable for the act because relationship of residents of apartments and workers is legal and the organization is responsible for maintaining the security of the local residents.
4.Redundancy: this element is the last element of vicarious liability.