IN BRIEF - EMPLOYERS SHOULD CONSIDER RISK OF AND TAKE STEPS TO
AVOID BEING HELD VICARIOUSLY LIABLE
End of year workplace social functions will soon be upon us. It
is now well established that such occasions, even if held outside
standard work hours and away from work premises, are sufficiently
"connected" to the workplace such that any unlawful
behaviour—for example, bullying, fighting or sexual
harassment—engaged in by employees at those functions can be
the subject of a workplace complaint or litigation.
VICARIOUS LIABILITY IN WORKPLACE LEGISLATION
Most workplace legislation, for example, discrimination and
sexual harassment laws, have provisions that allow the employer to
be held "vicariously liable" for the conduct of its
employees if the employer has not taken reasonable steps to prevent
the unlawful behaviour from occurring. These laws usually extend
coverage to work corporate events and even parties occurring after
official events have ended.
