across the bar

Employer's risk for internet abuse - the Grobler v Naspers judgment

by default - Posted 16 June 2005

The Cape Provincial Division's landmark judgment in the case of  Grobler v Naspers 2004(4) SA 220(CPD) poses some serious questions for employers facing growing internal ICT risks in their workplace.

The judgment paves the way for more and more employers to be held vicariously liability for the wrongful actions of their employees. Although the case dealt with sexual harrassment risks, the approach taken by the court will be applicable to ICT risks as well. It may no longer be enough for employers to rely on the fact that the employee was not acting in the furtherance of the employer's business, or that the employee's conduct complained of was intentional or a clear deviation from the employer's instructions. The court followed the approach adopted in other jurisdictions by looking at the risks associated with and created by the running of the employer's business. If risks are introduced which later materialise causing harm, the employer may be liable even though there is no-fault on his/her part.