LEGAL PRINCIPLE: TORT LAW — Vicarious Liability — Doctrine of Common Employment — Not Applicable Where Employees Engaged in Different Departments of Duty

The doctrine of common employment does not apply when employees work in different departments. The rationale is that the safety of one does not depend on the care of the other when they operate in separate spheres. The principle limits the scope of the defence. The court will examine whether the employees were engaged in a common enterprise. The rule applies to cases where the injured party and the negligent employee had distinct roles. The employer may be vicariously liable if the employees are in different departments.