Commentary on Sections Part 8: Prohibited Conduct: Ancillary Effect
355.This section makes employers and principals liable for acts of discrimination, harassment and victimisation carried out by their employees in the course of employment or by their agents acting under their authority. It does not matter whether or not the employer or principal knows about or approves of those acts.
356.However, employers who can show that they took all reasonable steps to prevent their employees from acting unlawfully will not be held liable.
357.Employers and principals cannot be held liable for any criminal offences under the Act that are committed by their employees or agents, except for those in the provisions on transport services for disabled people in Part 12 of the Act.