The case of Naidu v Group 4 Securitas Pty Ltd [2006] NSWSC 144 (the Naidu Case), recently decided by the Supreme Court of New South Wales, demonstrates the need in corporate outsourcing arrangements for both the corporation with whom the worker is placed (the host) and the corporation that employs and places the worker (the employer) to have comprehensive bullying and harassment policies and procedures in place - and for those policies and procedures to be carefully and constantly checked and monitored.
Often, the decision to contract labour or professional services rather than entering into a direct employment relationship is based on a business’ changing (and perhaps unknown) resourcing requirements, the ability to contract qualified specialist resources without having to self-train, the minimisation of risk, reduced (long-term) costs and general flexibility. One factor that clearly cannot be abdicated, however, is an employer’s ultimate responsibility to ensure a safe place of
