Employer's Responsibilities

Vicarious liability


As an employer, you are responsible for your staff if they harass or discriminate against others. If you can't show that you have taken reasonable steps to prevent discrimination and harassment, then you can be held responsible, even if you were not directly involved. This is known as vicarious liability.

Direct and indirect discrimination

Discrimination can be direct or indirect. Indirect discrimination is treatment which seems to be equal but is unfair on certain people because of a particular personal characteristic. For it to be unlawful, it must also be unreasonable.

For more information go to Types of Discrimination

Other laws

South Australian employers have responsibilities under other state and federal laws such as the occupational health and safety acts, the Fair Work Act 1994 (SA) and the Fair Work Act 2009 (Commonwealth). Under these laws you have obligations for wages and conditions, workplace safety, unfair dismissal and workplace bullying.