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Accounting firm liable for a client’s underpayment of employees

Posted on May 25, 2017

A recent decision of the Federal Circuit Court found that an accounting firm was liable for their client’s underpayment of employees, and the accounting firm now faces fines of up to $54,000 per contravention.  The firm provided accounting and payroll services to their client, and whilst they had no authority to alter the data provided to them, they maintained spreadsheets detailing the actual rates paid compared to the correct award rates.

The Fair Work Ombudsman has indicated that small businesses rely heavily on their advisers, and that action will be taken against advisers in circumstances where incorrect advice is provided.

If you have a small business client who seeks advice in relation to their obligations as an employer, Scanlan Carroll can assist you. We provide a wide range of advice in relation to all employment law matters including:

  1. Drafting of employment contracts – which, where applicable, provide restraint clauses to protect your client’s hard earned goodwill and confidential information;
  2. Providing advice regarding employment policies and tailoring the right policies for your client’s business;
  3. Advising your clients in relation to their Award obligations, including calculating any underpayments;
  4. Managing underperforming employees;
  5. Redundancy advice; and
  6. Defending employment claims such as unfair dismissal and general protections applications.

Employment law is a complex and dynamic area of law. Changes in legislation and case law mean that your clients may have obligations they are not aware of.  If your client seeks practical advice and peace of mind please contact one of the employment lawyers at Scanlan Carroll today.