Jenny, Carla and David were the members of the Board of Glamour Ltd.

Jenny, Carla and David were the members of the Board of Glamour Ltd. The Chief Executive Officer of the company, Brian, is known as a “bit of a ladies’ man. Despite receiving 8 complaints from company staff alleging Brian has made improper advances towards them, nothing is done by the Board to address Brian’s behavior. The complainants are told to ‘just tell Brian to go away. He means no harm’. The Board throws a number of parties in which a great deal of alcohol is consumed and Jenny, Carla and David witness conduct by Brian that could be characterized as sexual harassment. Reportedly, the 3 directors just laugh on each occasion and remark it was just a case of ‘Brian being Brian’. However, a woman present at the most recent party has brought an action for assault against Brian and the company. Can the company be liable for Brian’s conduct?

2. Would the case law on piercing the corporate veil have helped the victims of asbestos related diseases recover from James Hardie Ltd (NL)? In your response indicate what cases would provide useful precedents. Also consider what law reform might resolve such situations.

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3. A football club incorporated as a company has been fined, had premierships cancelled, premiership payments deducted and has been excluded from premiership points for the rest of the season. Assume this was an unfair punishment for the wrong the club committed and that the company has a good case against the company that runs the Premiership. Four of the ten directors of the football club decide to sue. The other six directors do not want the club to sue. What legal action can the four directors take and what would they have to demonstrate in order to take legal action?