We have seen many cases recently where sexual harassment of one staff member by another has led to a successful claim against the employer. This concept obviously can go one step further in that the physical, emotional and psychological safety of your staff is often the responsibility of the employer.
It becomes the employer’s responsibility if the staff point out imminent danger. We see in the current press that ambulance staff have agreed to keep on serving despite armed robberies. It might be in the interest of the employer to hire extra security staff and allow the ambulance drivers to have access to armed response.
Even more dangerous is the security company scenario where their staff have been hired to avoid danger. If the danger is caused by the security staff themselves, this could in turn lead to a claim against the employer even if it can be shown that the security staff did not act within their mandate or if harm was done outside their working hours. As we step into a new realm of damages claims against employers, it is suggested that contracts be entered into to try and avoid these hazards including better and updated insurance.
For further information on any labour related matters, you can contact Bernard Reisner:
W.Tel no 021 423 3959
Fax 021 423 2105
Cell 082 433 8714