The NSW Court of Appeal recently held a company to be vicariously liable for
the harassment and extreme bullying perpetrated on a labour hire employee
by its Fire and Safety Officer. The trial judge had found that the perpetrator’s
conduct was “so brutal, demeaning and unrelenting that it was reasonably
foreseeable that, if continued for a significant period of time ... it would be likely to cause significant, recognizable psychiatric injury”.
A damages award of $1,946,189.40 was upheld. In this case, Justice Basten
and Chief Justice Spigelman did not consider that vicarious liability for the
Fire and Safety Officer should be imposed on the labour hire company.
(Source: Accessed 9th March 2008)
Nationwide New Pty Ltd v Naidu & Anor; ISS Security Pty Ltd v Naidu
and Anor [2007] NSWCA 377 (21 December 2007)
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