Recent Accessorial Liability Prosecutions

The Fair Work Ombudsman regularly prosecutes key advisors, such as HR managers and payroll personnel, for accessorial liability when they or their client breach Australian employment laws such as the Fair Work Act Avoid fines for accessorial liability.

In 2016-17, the Courts ordered over $4.8 million in financial penalties against non-compliant businesses, directors and accessories. This is a 66% increase on the total penalties ordered in 2015-16 ($2.9 million).

Recent prosecutions

  • $21,760 Penalty For HR Manager: The HR Manager of a restaurant has been personally fined $21,760 under accessorial liability laws for involvement in underpaying workers at a restaurant in Charlestown.
  • $53,880 Penalty For Payroll Provider: A Victorian accounting firm who provided payroll services to a client has been penalised $53,880 after being found guilty of accessorial liability.
  • In a precedent setting legal decision, an accounting business has been found liable as an accessory for its role in the underpayment of employees by its client. (More)
  • company, its director and payroll manager have been penalised $143,000 for underpaying workers $18,000. (More)
  • Director and his Adelaide car windscreens company penalised almost $85,000 after exploiting employees. ( More)
  • HR manager for Oz Staff Career Services personally fined $9920 for role in processing unlawful-deductions and record-keeping breaches.
  • Director of Step Ahead Security Services Pty Ltd ordered to personally pay $51,400 for underpaying eight casual security guards on the Gold Coast.
  • Manager responsible for payroll and administrative functions at Crystal Car Wash outlets in Sydney personally fined $10,000.
  • HR manager found liable as an accessory to his employer's breach of workplace legislation and personally fined $3750.
  • Two company directors/shareholders have been personally fined $20,000 each for their involvement in breaches of the Fair Work Act by a 7-Eleven franchise in Victoria. Record fine of $400,000 against a franchisee in Brisbane.
  • Accountancy firm in Melbourne is facing $54,000 fine for processing wage payments for workers at a fast food restaurant below the award rate.
  • The Director, restaurant manager and HR manager of a Chinese restaurant chain are facing penalties of up to $54,000 for underpaying workers.
  • Directors of 7-Eleven retail group are under investigation for wide ranging under-payments and record-keeping breaches across its national franchise network.
  • Directors of Yogurberry head company are facing penalties of up to $54,000 each for wide range of compliance failures throughout its supply chain.

Need help with HR and compliance?

Read about how to avoid personal fines for accessorial liability.

Personal Fines for Breaching Fair Work Laws

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