LIABILITY OF THE EMPLOYER FOR ACTS OF AN EMPLOYEE UNDER THE LAWS OF ARUBA AND THE NETHERLANDS ANTILLES
The formal employer is not always liable
According to the Supreme Court an employer bears liability for damage caused by an employee to thirds parties, if “the chance of committing the failure has been increased by the assignment to perform [his] tasks and in case… the person by whom he was employed, had a direct control over the acts through which the fault was caused”. The employer can be held liable for tort committed by an employee (article 6:170 of the Aruban and the Netherlands Antilles Civil Code).
Sometimes employees have an employment agreement with one company (the ‘formal’ employer) but actually work on behalf of another company. For the application of article 6:170 of the Aruban and the Netherlands Antilles Civil Code, the Supreme Court has ruled that a ‘formal’ employer will only not be liable, if it can be demonstrated that under the circumstances of the case he was in fact not, or no longer in the position to give instructions.
Karel Frielink
Attorney (Lawyer) / Partner
