He quoted legal authorities to demonstrate the veil could only be lifted in the most exceptional cases. When Brian Leveson QC finally got a chance to speak for Connelly in the afternoon, he denied any intention to lift the veil or argue that Rossing is a sham. But RTZ took crucial decisions affecting health and safety issues through their employees, he argued. Spencer insisted that RTZ didn't employ anyone at all. Leveson pointed out that the legal concept of employment includes control, not just the payment of wages.
Companies are responsible for the actions of their employees.
Various named individuals, and others yet to be identified, controlled Connelly's working conditions at Rossing. They implemented policies on health, safety and production levels, and supervised protection at the mine. Their employers in London could be held liable for any acts or omissions, Leveson contended. Judge Wright identified this argument as a central issue. He was not assessing the merits of the allegations, but only considering whether Connelly's case as pleaded constitutes a valid cause of action.