On the other hand, an employee who contracts HIV in the course of employment can, at the outset, seek legal redress through the Act 117, Section 20 ( 1 ) of the Industrial Relations Act 1967 if he / she has been " dismissed without just cause ".
32.
In applying scope of employment principles to intentional torts, however, it is accepted that " it is less likely that a willful tort will properly be held to be in the course of employment and that the liability of the master for such torts will naturally be more limited . " . ..
33.
""'Lister v Romford Ice and Cold Storage Co Ltd " "'[ 1956 ] UKHL 6 is an important English tort law, labour law, which concerns vicarious liability and an ostensible duty of an employee to compensate the employer for torts he commits in the course of employment.
34.
See also The Employers'Liability Cases, 207 U . S . 463, 497 ( 1908 ) ( invalidating statute creating negligence action against common carriers for personal injuries of employees sustained in the course of employment, because the statute " regulates the persons because they engage in interstate commerce and does not alone regulate the business of interstate commerce " ).
35.
In 2008 another important step was made; The establishment of Workers'Compensation Fund through Workers Compensation Act No . 20 of 2008 with objectives of providing for compensation to employees for disablement of death caused by or result from injuries or diseases sustained or contracted in the course of employment; to establish Fund for administration and regulation of workers compensation and to provide for related matter.
36.
A wrong is committed in the course of employment only if the conduct is so closely connected with acts the employee is authorised to do that, for the purposes of the liability of the employer to third parties, the wrongful conduct may fairly and properly be regarded as done by the employee while acting in the course of his employment : see " Lister v Hesley Hall Ltd " [ 2002 ] 1 AC 215, 245, para 69, per Lord Millett, and " Dubai Aluminium Co Ltd v Salaam " [ 2002 ] UKHL 48, [ 2003 ] 2 AC 366, 377, para 23.
