Unions, Vicarious Liability and Quasi-Criminal Conduct

By Max Spry

When will an employer union be vicariously liable for the actions of its employed organisers in quasi-criminal proceedings?

Spry considers the decisions in Evenco Pty Ltd v Australian Building Construction Employees and Builders Labourers Federation (Qld Branch) & Ors [2001] 2 Qd.R 118 and in Hanley v Automotive, Engineering, Printing & Kindred Industries Union [2000] 102 IR 359

He outlines the tests discussed by the Qld Court of Appeal and the full Federal Court to determine the liability.

(Journal of Industrial Relations; vol. 44, no. 4, December 2002)