Employment Law Article - Workplace Relations Disputes
This article comes from the employment law team at Hatzis Lawyers Brisbane
These two cases demonstrate that the action taken by an employer to a complaint lodged by an employee will make a difference.
CASE 1: Howard v Geradin Pty Ltd t/as Howard Securities
- In this case the employer was successful against a claim lodged by an employee that the company was liable for the action of one of its male employees. It was successful because it had taken reasonable preventative steps to prevent sexual harassment in the workplace.
- The claim involved a female employee who brought a claim against a fellow male employee and the company. The claim against the male employee was dismissed but she proceeded against the company.
- It was alleged that the female employee was subject to receiving text messages, pictures, notes and comments of a sexual nature. The note was reported to her manager and the incident was investigated.
- Company denied it was responsible for the action of the male employee because it had taken action to prevent sexual harassment in the workplace through its sexual harassment policy. All employees were required to sign the policy, which the company implemented.
- Employees were given feedback concerning issues regarding sexual harassment and discussed at staff meetings.
HELD: Company had taken reasonable precautions to prevent the action of male employee and complaint dismissed.
It was noted that although it would have been preferable for the company to hold formal or regular meetings, rather than on an informal basis, but the actions the company took were reasonable which satisfied the test.
(Decision of Victorian rural and administrative tribunal - August 2004)
CASE 2: Hughs v car Buyers Pty Ltd and Ors
- Female brought a claim of sexual harassment against the company and its male director.
- The company made no written response in relation to the complaint nor did they appear at the hearing.
- Matter was undefended and it was found that the male director behaviour constituted unwelcomed conduct of a sexual nature.
- Further held that by not providing a response the company and director treated the complaint with contempt which warranted an order of aggravated damages
- The companies' directors' failure had prolonged proceedings and added to employee's mental distress.
- Company and director ordered to pay monetary compensation, legal costs and ordered to apologise to employee in writing.
By implementing Policies etc and keeping employees informed can significantly improve a company's chance of successfully defending a claim, i.e., employer's liability for actions of one employee against another.
Employer's precautions have to be reasonable in the circumstances.Matters of this nature should never be ignored.
(Federal magistrates decision August 2004)
If you need any employment law assistance in Brisbane, please email us and we can send out an employment law pack to you.
Alternatively, you can call us on (07) 3345 4388 to give us an opportunity to serve you
Hatzis Lawyers are a dynamic firm of Brisbane lawyers and solicitors contributing their might to the smart state of Queensland.