The extent to which HR professionals, managers and company directors may be found personally liable for workplace breaches continues to expand and change under Australian law.
In addition, individuals are increasingly being targeted by regulators prosecuting employment matters and by employees lodging workplace claims.
Individual liability issues include:
Accessorial liability under the Fair Work Act;
Personal liability under anti- discrimination and adverse action provisions;
Officer and Director liability under OHS laws.
Therefore, the importance of Policy and Procedures along with attestation and acknowledgement again can assist defence in these matters. Each step taken in any process can be shown and highlighted and is a matter of record.