Gi Joe

In: Business and Management

Submitted By ccwy
Words 465
Pages 2
Additional Comments about
Employment Business Torts of:
Assault Battery & False Imprisonment
Assault And Battery
Also known as “Trespass to the person”, this tort involves the intentional physical interference with another person. Even faking a punch, pointing a gun, threatening to hit someone with an object could be considered an assault and therefore a tort for which the victim could pursue an action in court (lawsuit). It is important to keep in mind that when we talk about a “business tort” of assault we are referring to a civil wrong, NOT a criminal wrong. However, the criminal law ALSO contains an assault as a criminal wrong (defined in the Criminal Code). This means that an individual could be sued for the tort of assault and battery at the same time an authorized government agency could charge the same person with a criminal assault. Consider the case of Mr. Todd Bertuzzi, a former Vancouver Canuck hockey player who was charged with assault as well as sued for the tort of assault at the same time.
Reference: Bruce v. Coliseum Management Ltd. (1998), 165 D.L.R. (4th) 472 (BCCA).
False Imprisonment
False imprisonment can sometimes occur in the employment law setting. Effectively, this tort involves the intentional restraint of an individual against their will and without the lawful authority to do so. This could include holding someone in a back room of a store or physically restraining someone – scenarios that might occur in the retail or business environment in an attempt to apprehend a suspected shoplifter or thief. While a business may suspect that an individual has stolen an item, if this cannot be proven then there is no lawful justification for holding that person against their will. Staff should be well-trained to handle these situations carefully. It is also worth noting that many retailers direct their staff not to interfere with…...

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