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A recent decision of the Federal Court of Australia highlights yet another risk for employers.
This case involved a work situation typical in a lot of workplaces across Australia… an employee working alongside a sub contractor.
The key question for determination by the court in this case, was whether the subcontractor should be classified as a “fellow employee” within the meaning of the Sex Discrimination Act 1984.
The employer had a lot riding on the answer to that question.
If the answer proved to be “yes”, then the employer would be liable to compensate the employee just under $500,000.
The answer was “yes“.
You may also be wondering why the compensation was so high.
Ensure your subcontractors are not only made aware of your discrimination and harassment policy, but that they comply with it.
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