News

Do not take on the FWO!

News >> Employment Practices Liability

Fail to summon your organisation’s employment records in a timely manner and you too could face the FWO’s wrath – and a hefty fine.
A Perth-based company director has been fined by the Federal Magistrates Court for refusing to provide staff employment records to the FWO.
According to an FWO statement, the court found that Jack Craig Garber, of Mirrabooka, had shown “a consistent unwillingness to co-operate with the Fair Work Ombudsman”.
It added that the court also noted that Garber had “belligerently expressed threats of legal action” at the FWO and had shown no “credible regret or a real willingness to facilitate the course of justice”.
Federal Magistrate Toni Lucev said Garber’s conduct “stifled” the FWO’s ability to conduct a proper investigation into complaints by two of his employees.
“Such conduct undermines the objects and purposes of the Fair Work Act,” Lucev said in a 22-page decision released in Perth this week.
Garber was sole director and secretary of Nerd Group, which operated a computer retail and repair business at Malaga trading as the “Nerd Shop”.
After finding that Garber had deliberately refused to comply with FWO requests to provide employment documents, Lucev imposed a penalty of $5,280 - 40% of the maximum possible penalty of $13,200.
The FWO had also commenced proceedings against Nerd Group Australia Pty, but had to cease the action when Garber’s company went into liquidation.
 

Last changed: Dec 24 2012 at 1:49 PM

Comments

  1. None Found

Add Comment

Latest News

D&O premium pool ‘must treble’ to return to profitability

A new report – called "Show Me The Money!" by insurer XL Catlin and law firm Wotton + Kearney – is the second in a series of three white papers on securities class actions and their impact on the Directors & Officers Liability (D&O) market. The main conclusion is that Directors’ and officers’ (D&O) insurance premiums are under-priced significantly and need to rise strongly to restore profitability. The main risk areas are those exposed to securities class actions, 

It says Directors & Officer's Side A, Side B and Side C cover has been chronically underpriced since at least 2011, while the frequency of class actions is increasing as more plaintiff lawyers and litigation funders enter the space.

The analysis suggests last year’s overall premium pool of about $210 million would need to increase by at least three times to establish a profitable market, if it is assumed all other factors stay unchanged.

“Recent market developments would indicate most D&O insurers are now endeavouring to restore some semblance of profitability to their portfolios after years of market losses,” the report says.

read more

75% of Cyclone Debbie claims settled

In the 6 months since Cyclone Debbie devastated Queensland and parts of northern New South Wales:

• more than 31,000 homes and business have been repaired or received settlements from their insurance company

• more than 20,000 families have had possessions replaced

• more than 4,500 motor vehicles have been repaired or new vehicles provided

• hundreds of local builders and trades have been working on properties to repair the damage and destruction caused by the cyclone

• over $5 million has been paid EACH DAY to assist local communities, residents and businesses.

read more