Construction Industry Development Board Act, 2000 (Act No. 38 of 2000)RegulationsConstruction Industry Development Regulations, 2004Part V : Legal Procedure and Evidence32E. Employer or principal liable |
If in any investigation or prosecution in terms of the Act, these Regulations or the code of conduct, it is proven that—
| (a) | an employee/employer and/or agent/principal relationship existed (depending on the circumstances) at the time of an action; and |
| (b) | the said action by the employee or agent is found by the investigating committee contemplated in regulation 29 or a court not to comply with the Code of Conduct, or to be a transgression of the Act or these Regulations, |
that employer or principal is liable for the said action of his or her employee or agent, unless it is proven by the employer or principal on a balance of probabilities that the employer or principal, as the case may be, had no reason to believe that his or her employee or agent had in any way failed to discharge their duties, providing that such absence of belief must be reasonable in the circumstances.
[Regulation 32E inserted by regulation 27 of Notice No. 1224 dated 14 November 2008]