Sexual harassment: cases reveal extended liability

The final months of 2013 witnessed a number of significant cases dealing with sexual harassment and bullying within the workplace. Whilst it is disturbing that sexual harassment is obviously still occurring within Australian workplaces despite greater social condemnation of unacceptable behaviour, these cases and their decisions illustrate that Courts and tribunals are willing to hold employers vicariously liable for the unacceptable conduct engaged in by their employees, and to make orders against individual harassers, directors and independent contractors whose actions either constitute sexual harassment or otherwise contribute to such harassment taking place.

Employer failed to stop harassment