Business Bytes: Accessorial Liability in the Workplace
As part of K&L Gates' Business Bytes video series, Sydney partner, Bryan Belling, discusses the issue of accessorial liability in the workplace and what employers should be looking out for.
Transcript of Video
Businesses need to know that there is an increasing trend for regulators to hold ultimate business owners accessorily liable for breaches by their agents for underpayments or breaches of minimum industrial obligations. This extends to holding directors and officers of employer companies liable as facilitators of alleged breaches.
Managing directors, CEOs and HR Managers need to be aware that they can now be personally liable for such breaches and consequently face substantial penalties.
Anyone with influence, control or who ultimately benefits from employing companies should inquire about the company's employer obligations and ensure compliance with both work health & safety and industrial laws.
It is no longer safe to rely on the assurances of middle or senior management. Taking personal responsibility for conducting recurrent internal compliance audits is highly recommended .