In a number of jurisdictions employers can find themselves vicariously liable for the actions of their employees if they do not take steps to minimize the risk of harassment or discrimination from occurring in the workplace. Whilst an employer’s obligations do vary depending on the jurisdiction, increasingly Courts are making Orders against employers and in some cases, Directors personally, where the Court has formed the view that the employer or the company Directors have caused a breach to occur, or have not taken enough steps to minimise risk, or have not adequately dealt with a matter once they have become aware of an issue.
The Victorian Supreme Court decision of Perpetual Trustees Victoria Ltd v Xiao Hui Ying is a reminder that financiers must remain vigilant of the risk of documents being fraudulently signed. In this alert, Senior Associate Are Watne and Solicitor Nicholas Hew discuss why financiers should take this opportunity to consider the procedures and protections they currently have in place and determine whether further protections need to be implemented.
What is Workplace Bullying
A year on from the introduction of the Fair Work Commission’s (‘FWC’) bullying jurisdiction, the number of workplace bullying claims from employees has been significantly lower than expected. The manner in which the FWC have interpreted the anti-bullying provisions, the requirement that the employee who is making the complaint remains as an employee of the business, and the fact that the FWC cannot make orders of monetary compensation are all likely to have contributed to this outcome.