The crux of this note is on the Supreme Court of Appeal (SCA) decision in Stallion Security v Van Staden 2019 40 ILJ 2695 (SCA). The Stallion Security case dealt with an appeal against a judgment of the High Court that Stallion Security Company was vicariously liable for the conduct of its employee. The High Court held that the employee’s unlawful actions were committed for his own purposes, but the killing of the deceased was sufficiently linked to his employment with Stallion Security Company. In the court’s view, this causal link meant that Stallion Security Company was vicariously liable for the loss suffered by the deceased’s wife. Thus, the court a quo granted judgment in favour of the deceased’s wife. This note examines the approach that the SCA adopted in interpreting the vicarious liability of the employer for the unlawful conduct of its employee.

Keywords: Vicarious liability; employer; employee; safe working environment; employment law.