If an employee/employer FWC settlement contains a standard clause protecting the employer's employees, directors etc from any legal action, does the protection include persons who become employees of the employer after the signing of the settlement?
So if Person A committed adverse action against the applicant, (for instance because they are vicariously liable), before they were employed by the employer and the settlement was signed before a contract of employment existed between Person A and the employer, is Person A protected by the settlement or not? It may seem that they would be protected, because at the time of any future potential legal action taken against them, the employer can point to the clause in the settlement, but what would be stopping a person deliberately becoming employed "on paper" by the employer simply to stop legitimate legal action that had been commenced against them, for instance, if the person was a sub contractor of the employer involved in the adverse action who was in no way a party to the settlement?
So if Person A committed adverse action against the applicant, (for instance because they are vicariously liable), before they were employed by the employer and the settlement was signed before a contract of employment existed between Person A and the employer, is Person A protected by the settlement or not? It may seem that they would be protected, because at the time of any future potential legal action taken against them, the employer can point to the clause in the settlement, but what would be stopping a person deliberately becoming employed "on paper" by the employer simply to stop legitimate legal action that had been commenced against them, for instance, if the person was a sub contractor of the employer involved in the adverse action who was in no way a party to the settlement?
