Австралия. Субсидиарная ответственность нанимателя за действия работника, как ее предотвратить.

Home | About Us 8 ways to avoid being liable for your  employees’ actions Wednesday, 12th November 2014, by Loran McDougall In today's Workplace Bulletin: How to defend a claim of vicarious liability Dear Reader, Did you know that you can be liable for your employee’s actions, even if you had nothing to do with those actions? Vicarious liability is the responsibility you, as an employer, have for the actions of your employees. If these actions are found to be unlawful, both you and the employee may be held responsible. You can be vicariously liable for: discrimination and harassment committed by employees or independent contractors (you may be liable even if the discrimination or harassment takes place outside of working hours, if it occurs in a situation connected with the person’s employment); actions of HR employees, e.g. in relation to making decisions and taking action in regard to performance management and dismissal; and your social media platform being used to: harass or bully a person; or discriminate against or vilify a person or a group of people. In today’s bulletin, Charles Power explains what you need to do to protect yourself against vicarious liability. Until next time, Loran McDougall Editor Workplace Bulletin ....................................................................................Advertisement...................................................................................... New legislation has increased pressure on employers to stamp out workplace bullying. Click here for an easy way to make sure you’re doing everything you can. How to defend a claim of vicarious liability by Charles Power Editor-in-Chief, Employment Law Practical Handbook You can defend a claim of vicarious liability for unlawful acts if you can prove that you took reasonable steps to prevent the act from occurring. What is reasonable is not defined in legislation, because it can vary from case to case and will depend on the size and nature of your business. However, doing the following things will help you to prove that you have taken reasonable steps to prevent an employee from engaging in an unlawful act: Educate your employees in the relevant areas, i.e. diversity, discrimination, harassment and social media. Have policies that: describe in plain English what constitutes unlawful actions such as discrimination and harassment; specify the consequences of breaches; explain the procedures for making complaints and reports; are easily accessible by all employees; and new employees are inducted into. Conduct general and refresher training in your policies for all employees, including training employees in your complaint-handling policies and procedures. Have qualified and trained people administer the policies. Resolve all complaints promptly, fairly and effectively. Act on all reports. Apply your policies consistently through appropriate disciplinary action. Ensure that employees are clear on exactly when workplace behaviour rules will apply outside the usual workplace or working hours. Regards, Charles Power Editor-in-Chief Employment Law Practical Handbook Like the Workplace Bulletin? Check out our other free bulletins: Health & Safety BulletinAll the latest tips, tools and strategies you need to help you stay on top of health and safety laws. Click here to sign up now. Self–Managed Super Fund Bulletin Receive all the information, ideas and tips you need to manage your own super fund. Click here to sign up now. Please whitelist the Workplace Bulletin to make sure you get every edition delivered to your inbox. The information in this email is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, please return the message to the sender and delete it from your records. All content is © 2007-2013 Portner Press Pty Ltd All Rights Reserved. Disclaimer: We research our recommendations and articles thoroughly, but disclaim all liability for any inaccuracies or omissions found in our publications. Click here to view our Privacy Policy and Terms and Conditions. Queries: For general enquiries, email cs@portnerpress.com.au or call 1300 782 911. Workplace Helpdesk: Paid subscribers to the Employment Law Handbook can ask our experts for advice. Syndication: To republish a Workplace Bulletin article, please email cs@portnerpress.com.au for information. Workplace Bulletin ISSN 1836-117X Portner Press Pty Ltd 96-98 Bridport Street Albert Park VIC 3206 Australia