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I beg to differ. The starting point is the public policy issue of whether it is right in all the circumstances to fix the fault of the employee upon the employer. The authorities seek to shed light on that policy, not to take it to new and novel heights. Step back from the authorities and ask yourself whether the result seems fair or reasonable. By analogy would an employer be liable for the actions of a member of staff who took a hammer from the employer’s shop and used it to commit an assault on a fellow worker at a later date away from the work place ? Of course not. The only difference in my example is the type of “injury” that the victim sustained.

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