Recruitment firm Michael Page is in damage control after a number of its employees were embroiled in a Mt Buller ski party scandal.
Small businesses have the same duty of care as their larger corporate counterparts to provide a workplace free from intimidation and harassment, and while most employers recognize that they are vicariously liable for the negligent act of an employee which occurs in the course of their employment, recent cases highlight that an employer’s duty of care extends to protecting employees from the behaviour of co-workers both inside and outside the workplace.
Vicarious liability is the responsibility an employer has for the actions of its employees towards others both during work hours and in other work related circumstances. If these actions are found to be unlawful, both the employer and the employee who behaved inappropriately may be held responsible.
The out of hours conduct must have a relevant connection to the employment relationship in order to be a valid reason for dismissal. In ascertaining whether a relevant connection is established, the following matters should be considered:
(a) Whether the conduct, viewed objectively, is likely to cause serious damage to the relationship between the employee and employer;
(b) Whether the conduct damages the employer’s interests; or
(c) Whether the conduct is incompatible with the employee’s duty as an employee.
