Due Diligence in Employment
In the employment context, means the following:
1. The taking of all reasonable precautions and,
2. Exercise “due diligence”.
Due diligence must be exercised by the employer in implementing ‘preventative measure/s’, whereby the employer takes all ‘reasonable measures to avoid’ a contravention of an Act/Regulation.
However, the employer must go further, and exercise all due diligence, and make sure adequate precautions are (i) put in place, and (ii) maintained. This is undertaken through the “maintenance” of the employer’s policies and procedures, by ‘promoting’ and ‘communicating’ them down the chain of command to “ordinary employees”.