a) Employer's non-delegable duty of care at common law
The employer has a broad duty to take reasonable care for its employees whilst at work, the duty of which cannot be delegated to others as it is owed to each employee individually. Under this duty, the employer is required to exercise reasonable care in all the circumstances.
The following questions are to be considered when looking at this duty:
- Whether the harm was foreseeable;
- What the employer did or should have done about the harm;
- Whether there was a breach; and
- Whether there is a causal relationship between the breach and the harm.
This duty will always apply to employers even if the employees are working outside of Hong Kong.
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