4. General liability

4.1. According to the SDO, an act done by a person in the course of his or her employment may render both that person and his or her employer liable. Similarly, an act done by a person as agent for another may render both the agent and principal liable. Employers are legally responsible for the actions of their employees, done in the course of their employment, whether or not these were done with the employer's knowledge or approval.⁷

4.2. A failure on the part of a person to observe any of the recommendations contained in this Code does not automatically render him or her liable to any proceedings. However, if a person is accused of discrimination, sexual harassment or victimisation, failure to implement the recommendations outlined in this Code could be used as evidence in a court of law.⁸ This applies to both employers and employees, as well as agents and principals.

4.3. When the EOC investigates an alleged discriminatory act or conducts a formal investigation the EOC will also take compliance of this Code into account.

4.4. It is also unlawful to instruct, induce, threaten or knowingly aid others to commit unlawful acts under the SDO.⁹

4.5. This Code may be used as a guidance for employers as to what steps it is reasonably practicable for them to take to prevent their employees from committing unlawful acts. Where the Code offers specific guidelines to employers and they follow such guidelines, the fact they did so will assist a court to determine that they have taken all reasonable steps practicable.¹⁰