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JobWatch Featured on HRD Australia

JobWatch was featured on HRD Australia on 15 June 2022, commenting on our recent case in the Federal Circuit and Family Court of Australia.

June 15, 2022

“Representing eight international students in underpayments cases ranging from $675 to $7,656, Jobwatch won the landmark case that means workers across Australia will now be able to ask the court for orders against third parties who were knowingly involved in underpayments in small claim proceedings which means workers can name the person who employed them as a third party,” said Marchetti.

“Too often, our clients in small claims matters have been hampered by having court orders made only against the employer and not against any accessories. This has allowed unscrupulous company directors to avoid liability, in circumstances where they might deregister the company or shift assets from the company to another legal entity and thereby make it impossible for our clients to get the money that was ordered to be paid to them.”

Marchetti is quick to point out that this ruling doesn’t just extend to company directors, people can list any person in the company that they believe was involved in the contravention.

“It has such far reaching consequences, some of the media coverage to date has focused on company directors being liable and I really want to point out that it’s potentially anyone, not just company directors, anyone who was involved in underpaying the employee,” said Marchetti. “It could be, if there’s a senior HR person who’s making all the decisions about pay and payroll, well it could be that person personally,” she continued.

Read the full article.

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