The Fiji Court of Appeal has determined that the Land Transport Authority (LTA) is vicariously liable for an incident involving a former employee who struck a man with an LTA vehicle in 2013. The High Court had previously ruled on April 28 of last year that LTA was responsible for damages awarded to Praveen Krishna Naicker, a verdict the LTA challenged in the appellate court.
Justice Chandana Prematilaka, in a ruling issued on July 26, stated, “Even if an act is unauthorised or involves misconduct, the employer can still be liable if the act is closely connected to the employee’s duties. This ensures that employers take responsibility for their employees’ actions, fostering accountability and promoting safer practices.”
The ruling emphasized that Leoni Kacisau, the LTA employee in question, was driving under the influence and exceeding the speed limit, yet his actions were still linked to his job responsibilities of transporting examination papers to a work-related destination. The court supported the earlier High Court’s conclusion that LTA is vicariously liable for Kacisau’s conduct during this incident.