Keys v Sydney Night Patrol and Inquiry Co Pty Limited T/As SNP Security

In *Keys v Sydney Night Patrol and Inquiry Co Pty Limited T/As SNP Security*, the applicant, Ms Keys, brought proceedings against the respondent, SNP Security, alleging that she had been sexually harassed by a colleague while employed by SNP Security. The dispute concerned whether SNP Security was vicariously liable for the actions of its employee, Mr. Davies, who was found to have sexually harassed Ms Keys. The matter was heard in the District Court of New South Wales.

The central legal issue before the court was whether SNP Security could be held vicariously liable for the sexual harassment perpetrated by Mr. Davies against Ms Keys. This required the court to determine if Mr. Davies's conduct occurred in the course of his employment, or if there was a sufficient connection between his employment and the wrongful acts such that SNP Security should be held responsible.

Judge Driver found that while Mr. Davies's actions were not expressly authorised or undertaken for the benefit of SNP Security, they were so closely connected with his employment that it was just and reasonable to hold the company vicariously liable. The court applied the principles established in cases such as *Bugge v Turner* and *New South Wales v Lepore*, focusing on the nature of the employment, the opportunity provided by the employment for the commission of the tort, and the degree of control the employer had over the employee's conduct. The court concluded that the harassment, though a personal act, occurred in circumstances where Mr. Davies was on duty and utilising the opportunities afforded by his employment, thus establishing vicarious liability.