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Answered in 2 hours by:
9/13/2011
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedIf, as you suggest, the apprentice was assaulted merely for giving them "lip" then the apprentice may well have a basis for taking legal action against his employer and/or the other employees involved in the incident.
However, it appears you are not certain of all the facts and so should proceed with caution before forming a view.
The responsibility of any of the parties, the employer, or the other staff members, or the apprentice himself, depend on exactly what happened.
Only a lawyer fully briefed in all the details of the case (including statements of the witnesses), can advise you as to the legality or otherwise of their conduct in this matter.
If you need to speak to a lawyer, contact your state law society and they will be able to put you in touch with a suitable lawyer in your area.
I trust the above assists and if so, please click the accept button.
It is clear there are still considerably more relevant facts involved. The detailed history of both the offender, the apprentice and their employer are needed to understand what happened. This is a general advice service, and such specific analysis of detailed information is beyond a service like this to address.
What I can say from what you have advised is that employers are not generally responsible for the illegal or anti-social conduct of employees that are not related to their work role. They may become responsible where they allow problem staff to remain on site, as they have Occupational Health and Safety obligations to maintain a suitable workplace environment. If problems with the offender are long standing and known to the employer, the predicament the apprentice was placed in may be such as to allow the accomplice to take successful legal action against his employer.
Also, companies cannot require staff to work for no pay as a disciplinary measure. If a company does so then the affected worker should see a lawyer immediately.
If money is an issue, many lawyers will offer free initial consults and it should not prove too difficult to find such a lawyer.
Please click the accept button.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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