Under our anti-discrimination laws, an employer can avoid
vicarious liability for its employees' actions if it took
"all reasonable steps" to prevent the conduct.
Workplace policies on prohibited conduct are an essential, but
not sufficient, tool in demonstrating reasonable steps.
We've previously reported on the decision in Richardson
v Oracle Corporation Australia
here. That case concerned (very expensive) findings of sexual
harassment by one employee of another. Oracle sought to avoid
vicarious liability by relying on its workplace policies, and
employee training, which made clear sexual harassment was
prohibited in the workplace.
However, the Court found the content lacking. Rather than being
tailored to the Australian legislation, the Court determined that
the head office US content had simply been rolled out in Australia
and that it was not sufficient.
