PERSONAL LIABILITY UNDER THE FAIR WORK ACT – How scared should you be?
Last year the Fair Work Ombudsman ran an extensive audit campaign in the Health Care and Social Assistance Industry, including many community service organisations. Of the businesses audited, approximately 39 per cent were found to be non-compliant. Non-compliance with the Fair Work Act comes at a high cost as, in addition to being required to make good any underpayments, businesses (and other individuals “involved” in the breach) can be ordered to pay significant penalties.
This is not only an issue for the businesses themselves as the Fair Work Ombudsmen is overtly targeting individuals 'knowingly involved' in these kinds of breaches. The net is being cast wider than ever before which means the personal risk to directors, executives, finance and HR staff, external advisers and consultants is increasing.
In this session, with reference to recent key cases, they will talk about:
(a) the circumstances where an individual (such as a director, HR manager, payroll officer or external adviser) can be held personally liable for a breach of the Fair Work Act by an organisation;
(b) actions that can be taken against individuals;
(c) best practice for responding to compliance issues within your organisation and
(d) strategies to protect yourself from prosecution.
About the speaker:
Kristin Ramsey is the Practice Group Leader for Employment & Workplace Relations at Hynes Legal. She has practiced as a solicitor in employment and workplace relations for over a decade and acts for a range of not for profit, aged care, community and disability service providers. Whilst Kristin advises clients on the full range of ER/IR issues that arise in a business, she has particular expertise in compliance audits, FWO investigations, change management and termination of employment. Kristin is an active member of the ER/IR community – she is the Chair of the Queensland Law Society’s Industrial Law Committee, sits on the management committee for the Industrial Relations Society of Queensland, sits on the board of Epilepsy Queensland and volunteers at Caxton Legal Centre. She has also been recognised as a leading employment lawyer by her inclusion in the Best Lawyers Australia list for the last 3 consecutive years.
When: Thursday 21 September, 9:30am to 11:30am
Where: Hear and Say, Ashgrove