Avoid big fines and expensive claims
Workforce Guardian HR solutions can help you reduce the risks of expensive, damaging employee claims and substantial fines or penalties for breaches to Australian workplace laws if used correctly.
Penalties for breaching employment laws such as Fair Work Act
Employers risk penalties of up to $54,000 for each breach of the Fair Work Act 2009.
Most businesses - including small businesses - are now covered by the national Fair Work system created by the Fair Work Act 2009.
Fair Work Inspectors appointed by the Fair Work Ombudsman have the power to enter a workplace at any time during working hours to inspect records and ensure compliance. Fair Work Inspectors may issue on the spot infringement notices. They can also recommend taking matters to court.
Personal penalties for accessorial liability under Section 550 of the Fair Work Act
HR managers, accountants, bookkeepers and business advisors may be liable as an accessory if their employer breaches the Fair Work Act.
Accessorial liability issues for individuals often arise in relation to breaches of the National Employment Standards (NES), sham contracting, underpayments, adverse action and discrimination.
Even relatively minor actions can result in a person being held accessorily liable for breaches of the Fair Work Act. For example, a failure to give written notice of dismissal before dismissing a person from their employment would contravene the Fair Work Act. The employer and any person involved in the contravention could then face proceedings.
Penalties for breaching workplace health & safety laws
Employers risk penalties of up to $3,000,000 and imprisonment for breaches of Australian Workplace Health and Safety laws.
Australia's laws impose a legal obligation upon employers regarding how they manage workplace health and safety-related matters.
Need help with compliance? Workforce Guardian Workplace Health & Safety Management
Penalties for employing illegal workers
Employers risk penalties of up to $250,000 and/or five years imprisonment for employing illegal workers.
It is the responsibility of all Australian businesses to employ legal workers.
Employers are expected to take a reasonable number of steps to make sure they are not employing, referring or contracting illegal workers.
Need help with compliance? Workforce Guardian Right to Work
Penalties for breaching other workplace laws
Employers must also comply with all national employment laws such as:
- Sex Discrimination Act 1984
- Racial Discrimination Act 1975
- Equal Opportunity for Women in the Workplace Act 1999
As well as numerous Acts in each State and territory where they operate. Such as those which protect people from discrimination.
How healthy is your HR?
Which HR System is best for you?
FREE HR Health Check for Employers! Determine whether you and your business are exposed to potential penalties of up to $54,000 for each of your breaches of Australian employment law.
FREE HR Health Check for Key Advisors! Determine whether you're exposed to potential penalties of up to $54,000 for each of your own and your clients' breaches of Australian employment law.
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