1. WEEKLY INSIGHT
Massive Increase in Fair Work Act. Size is 50% larger than in 2022.
(1) Average Fine: $100,000 per violation.
(2) Wage Theft: 10 years in jail or multi-million-dollar fines.
(3) Underpayment: x3 the amount owed, fines up to $7,825,000 for corporations.
(4) Misclassification of Employment: Fines up to $469,500 for not following the 12-step rule.
(5) Right to Disconnect: Fines ranging from $18,780 to $93,900.
(6) Record-Keeping Errors: Fines up to $9,390 on the spot.
2. HR/IR & LEADERSHIP
$1.5 Million Compensation Awarded to Employee 4 Years After Being Wrongfully Dismissed
HR must carefully handle dismissal cases as highlighted by a a recent case in the Federal Circuit and Family Court of Australia – Haley v Laing O’Rourke Australia Management Services Pty Ltd (No 8) [2024] FedCFamC2G 779 (23 August 2024).
In the case ehe employee, a manager worked for over 17 years at an MNE construction company… they faced dismissal over an alleged incident that the court found unsubstantiated.
- Multiple flaws in the employer’s dismissal process, including:
- A) Lack of procedural fairness
- B) Inadequate investigation.
- The case underlines the necessity for employers to ensure:
- Procedural fairness in investigations
- Maintain comprehensive records of all investigations and outcomes.
- The damages awarded included compensation for:
- Lost income
- Legal & relocation expenses
- Non-material damages for hurt, distress _ humiliation
- All of which reflected the perceived disruption to the employee’s career trajectory caused by the unfair dismissal.
- All of which reflected the perceived disruption to the employee’s career trajectory caused by the unfair dismissal.
3. MARVINHR DIARY
Increased civil penalties mean your business can now be fined up to $15.65 million, three times your financial gain, or 10% of your annual turnover (capped at $782.5 million).
Would you like to know more about specific workplace violations or how these penalties might impact your business? Get in touch with our team at marvinHR (ella@marvinhr.com).
For as little as $50 per employee per month, we can save you:
- Prevent Wage Theft and save you up to $7,825,000
- Prevent Underpayment and save you up to $1,565,000
- Prevent Misclassification of employees and save you up to $469,500
Don’t let HR be a financial burden.
Outsource with marvinHR for Effortless Compliance. We offer:
- 24/7 Expert advice on HR matters
- Protection from fines and legal penalties
- Ensure your employees are treated fairly
- Free up your time to focus on growing your business
- Ensure compliance with complex labour laws
- Get regular updates on legislative changes
4. THIS WEEKS TOP HR READS
