Fair Work Act and ignorance of the law Pt 2

Ignorance of the law constitutes a defence to a complaint of a contravention of the Fair Work Act. I cited a case which concluded that knowledge of the law is not a requirement for proof of a contravention by  an employer, but a certain degree of knowledge is required to prove accessorial liability, for example […]

Fair Work Act and ignorance of the law pt 1

It would appear that there is a distinction between what is required to prove a contravention of the Fair Work Act by an employer, and the elements required to prove a contravention of the Act as an accessory. This is an important part of the law which apples to the enforcement of the Act, the […]

No double dipping over dismissals

The statutory rule in the Fair Work Act which prohibits multiple actions being taken “in relation to a dismissal” (see s 725, Fair Work Act 2009) also extends to actions for “accessorial liability” against parties who were not the employee’s employer. This rather odd result is undoubtedly correct in the light of the careful reasoned […]

Personal liability for general protections’ breaches

The general protections of the Fair Work Act deal with prohibited or unlawful conduct in the sense that a breach of them, if established, constitutes a contravention of the law. This is to be contrasted with unfair dismissal, for which the Act allows a remedy without providing that an unfair dismissal is a contravention of […]