5 WAYS TO MINIMISE YOUR MISCONDUCT RISK
Crime in the Workplace
So you've received a concern relating to criminal behavior
by an employee. This can be one of the most challenging aspects of
a HR Professionals role. Criminal behavior, wrongdoing and
misconduct are legally complex and emotionally charged topics,
often resulting is disciplinary action and sometimes legal
proceedings. It is important that organisations do all they can to
minimise their exposure to this type of employment risk.
Vicarious Liability
The first issue to address is whether the organisation can be
considered liable for the criminal conduct. This should be
considered when the illegal act(s) are closely linked to the
employment of the perpetrator. For example in the case of Wallbank
v Wallbank Fox Designs Ltd an employee assaulted a manager that had
asked him to complete his duties. The Court of Appeal concluded
that giving and reacting to instructions is a normal part of
employment, and
