Legal Definitions - Scope of employment

The term Scope of employment refers to the range of activities and conduct that an employee is reasonably expected to perform as part of their job, or that are closely related to their job duties and benefit the employer. This legal concept is crucial in determining whether an employer can be held responsible for an employee's actions or injuries. It's not limited to the exact tasks listed in a job description or activities performed only at the workplace; it can include actions that are incidental to the job, foreseeable given the nature of the work, or undertaken to further the employer's business interests.

Here are some examples illustrating the concept of scope of employment:

• Example 1: A Delivery Driver's Accident

  A courier driver, while on their assigned route delivering packages for a logistics company, causes a minor fender bender with another vehicle. The accident occurs during working hours and while the driver is actively engaged in making deliveries.

  Explanation: In this scenario, the driver's actions are clearly within the scope of employment. Driving a delivery vehicle and transporting packages are the core duties for which they were hired. The accident, though unfortunate, occurred while the driver was directly performing a task that benefits the employer's business.

• Example 2: An Office Worker's Injury During a Break

  An administrative assistant working at a law firm takes a short, authorized coffee break in the office kitchen. While returning to their desk, they trip over a loose rug in the hallway and sprain an ankle.

  Explanation: Even though taking a coffee break isn't a direct job duty, it is a common and reasonably expected activity for an employee during the workday. Employers generally understand that employees need short breaks, and injuries sustained during such incidental activities on the employer's premises are often considered to be within the scope of employment because they occur during the general course of the workday and are foreseeable.

• Example 3: A Sales Representative's Business Dinner

  A pharmaceutical sales representative is required by their company to attend a networking dinner with potential clients after regular business hours. On the way home from this mandatory dinner, the representative is involved in a car accident.

  Explanation: Although the accident occurred outside typical office hours and away from the company's physical location, the sales representative was engaged in an activity (a mandatory business dinner) that directly furthered the employer's business interests. Attending such events is a foreseeable and often required part of a sales role, making the travel to and from the event generally fall within the scope of employment.