Therefore, as an employer, it is not just a question of how you behave, personally, that matters. If another person who is employed by you, or who is carrying out your instructions does something that can be considered discrimination or victimisation, you can be held legally responsible for that person’s actions, as long as: • the worker was acting in the course of his/her employment – in other words, while he/she was doing his/her job; or • your agent was acting within the general scope of your authority – in other words, while he/she was carrying out your instructions, and • there is a connection between the actions that were taken and what they were authorised or expected to do as part of their employment with you. However, you may be absolved of liability, if you can show that you took all reasonable steps to ensure that discrimination or victimisation or offensive behaviour would not occur. There is no standard definition of ‘all reasonable steps’, as what is reasonable for a large enterprise may not be reasonable for a small business. Rather, ‘all reasonable steps’ may be determined on a case-by-case basis, having regard to factors such as the size and resources of an organisation, the industry and the operating environment.
Posted on: Thu, 22 Jan 2015 00:24:27 +0000
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