Santa’s unwelcome gift

The end of a long, hard, satisfying and productive year… time to kick back and enjoy the festive season… and the staff Christmas party… well, sorry! If you are a manager or director of any but the smallest organisation, then you will find an unsolicited Christmas gift in your Christmas stocking - vicarious liability; which simply explained means the second legal responsibility you have for the actions of your staff. Now the legal logistics of all this are well known to most. Unwelcome attention of a sexual nature that offends, intimidates or humiliates and occurs at work or in connection with work, is sexual harassment. “In connection with work” is an interesting phrase and may well include the retirement dinner, the staff social club BBQ, the residential training program and even drinks after work between a team of people who work together.Many landmark cases determined in state and federal jurisdictions support this premise. However the rebirth of corporate ethics, the power of the brand and the consciousness regarding the triple bottom line all point to a higher order corporate motivation than trying to keep our collective bottoms from hanging out the window on an harassment complaint. Those who have managed […]

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