Who Should be Held Liable for Workplace Contraventions and On What Basis?

Abstract

While it is generally now accepted that noncompliance with workplace laws is a pressing problem in Australia, there is far less consensus about what can be done and who should be held accountable. This article considers whether, and in what circumstances, firms beyond the direct employer should be made legally liable for workplace contraventions. By exploring alternative models of liability within Australia and beyond, the article addresses a number of conceptual and practical questions raised by third-party liability regimes. This article finds that forms of duty-based liability may hold the most promise in terms of curbing workplace contraventions in a fair and cost-effective way. In addit..