REFLECTIONS- AUGUST 9-13, 2021

A WEEKLY ROUNDUP OF LEGAL & TECH EVENTS GLOBALLY | August 9-13, 2021

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INTERPRETING AND APPLYING INTERNATIONAL LAWS IN DOMESTIC COURTS.

SPEAKER: ELIZABETH AITKENS

She noted that the discussion would border on some professional points that clients would love to know about, the speaker noted that she would be discussing accessorial liabilities of accountants when assisting clients and a broad overview of how the workplace system works in Australia.

The speaker noted that there are some new wage laws that have been introduced and these laws are very serious in nature, she noted that the laws impose criminal sanctions on employers who falsify employees records and do acts the cover-up wilful underpayment to employees and other entitlements in the workplace, she noted that it applies to individuals and employees as individuals can also be charged.

The speaker noted that ramifications are that individuals who are found guilty would pay $200,000 as fines why business organizations will be liable to $1000000 as fine and the criminal ramification is that individuals can be imprisoned for 2 years she noted that some potential big-name companies already being caught up on the wage theft prosecution laws.

On if accessorial liability extends to accountants who are an employee of the business as opposed to the business by clients, the speaker noted that it has not been used to try individuals of an accounting firm she, however, noted the case of Ezzy accounting limited V Fair work ombudsman where it was stated that if lawyers and accountants are knowingly involved in wage theft, then they are going to be liable.

On the legal framework for the workplace relations system, she noted that it involves contracts, enterprise agreements, modern awards and the fair work act 2009.

Fireworks at deals with wages and payments and the limits to which these payments are made.

Modern award deals with the provision of the entitlement in the fairworks acts, it gives specifics in terms of how people have to be paid and how employment relationship is constructed in contractual firms.

Enterprise agreement is an agreement that is 1 on 1 with employees and employers and it improves the period and terms of contracts.

She noted that contract is at the top and any contract needs to be given critical regard to order frameworks.

She also noted that a contractor is not entitled to the benefits of an employee, that is a contractor is not entitled to benefit of your full-time employee.

The speaker also made a point on sham contracts, she said in order to note a sham contract the amount of control in the contracts will be huge, she also noted that civil penalties can be brought against businesses and individuals involved in sham contracts and this usually involve heavy penalties.

The speaker noted that when salaries are being paid, consideration must be put into stating and breaking down the payment and the benefits included in the contract in order to have an offsetting agreement.

The speaker also talked on casual contract she said there’s a definition on this which means that someone who an offer is made to and accepted on the basis that the employer makes no firm advanced commitment to continue an indefinite work according to the agreed pattern of work. She noted that it is important to have an offset clause that clearly defines the relevant entitlements in casual contract.

The speaker also touched on the issue of vaccinations of workplace employees, she stated that some government in some states have mandated certain industries to be vaccinated before they can resume work, she noted the case of a big company named SBC that has put in mandatory vaccinations for workers before they can resume work, she noted that this has attracted lots of attention to the company and also criticism.

She noted that there have been some concerns on this mandatory use of vaccinations such as the availability of the vaccines itself and especially for those who are not of the right age, she noted that the company has made some incentives such as vaccination leaves on pays.

On what vaccines requirements mean for business, she noted that:

I. They’ll be the lawful and reasonable direction.

II.  Inherent requirements of the role considering factors like:

A. Occupational health and safety              B. Secondary measures

C. Public health directives

13/08/2021 INTERPRETING AND APPLYING INTERNATIONAL LAWS IN DOMESTIC COURTS