Employer Duties - Employment Law
As an employer, you have several legal duties to all workers, including full-time, part-time, and casual employees:
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Duty to Pay Workers: This is a fundamental obligation where employers must pay employees for their work. This mutual obligation forms the basis of the employment relationship, known as the 'contract of service.'
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Duty of Care and Safe System of Work: Employers must ensure a safe working environment by:
- - Taking reasonable care to protect employees from foreseeable risks of harm.
- - Providing competent staff, adequate materials, proper systems of work, and effective supervision.
- - Maintaining safe premises and equipment.
- - Preventing and addressing workplace bullying and harassment.
- - This duty is non-delegable, meaning employers cannot transfer it to another party.
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Duty to Indemnify: Employers must reimburse employees for reasonable expenses incurred during their work.
Case Studies:
- Roadside Garbage Collection Business: Employees successfully argued that their employer failed to provide a safe system of work. The court found the employer liable for not ensuring safety while employees crossed roads to collect bins.
- Workplace Violence: An employer was found negligent for not sufficiently preventing workplace violence. An employee injured in a brawl both at work and at a nightclub argued that the employer failed to deter violence, despite separating the employees at work.
- Bullying Incident: A security officer experienced abuse from a supervisor, leading to depression and PTSD. The court held the employer accountable for not appropriately addressing the supervisor's bullying behavior.
These duties emphasise the importance of maintaining a safe, respectful, and legally compliant work environment to protect the well-being of all employees.
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Ready to assist you in resolving any issues you may have with employment law.
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