Right of employee to take reasonable care of her fellow employees

An employee has a duty to take reasonable care of her fellow employees. Under common law, where an employer is found liable for injuries to an employee at the work place, which was caused by a fellow employee, the employee who is injured has a right to be indemnified by such other employee.  In the case of Lister v Romford Ice [1957] AC 555 an employee of a company negligently injured a fellow employee in the course of their work.  The injured employee sued the company and was awarded damages.  The company’s insurers sued the employee who caused the injury under the right of subrogation in the company name.  The court held that there was a breach of this duty and the company was entitled to indemnification from the employee for breach of this contractual duty.

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