1. Potter v. New Brunswick Legal Aid Services Commission, 201.docx
EMPLOYMENT l Issue No. 8 l HR personnel beware
1. Mullins Lawyers l eNews Publications l Page 1
EMPLOYMENT l Issue No. 08 l HR personnel beware
November 2015
Your employer’s failure to comply with the National
Employment Standards (NES) can damage your
personal financial wellbeing.
The recent decision of the Federal Circuit Court in the
case of Cerin v ACI Operations Pty Ltd & Ors [2015]
FCCA 2762 (14 October 2015) is a salutary and timely
reminder for HR personnel of the risk of personal liability
under the accessorial liability provisions of the Fair Work
Act.
The facts of the Cerin case involved the termination of an
employee who was in receipt of workers’ compensation.
The employer gave 28 days notice of termination instead
of the five weeks notice which was required under the
NES. Accordingly, the employee lodged a claim to the
effect that there had been a breach of s44 of the Fair
Work Act and that he had received insufficient notice and
suffered economic loss of $181.66. He further alleged
that the HR Manager at the employer’s Adelaide plant
was aware of the NES and the minimum standards which
included the notice requirements.
In the course of the case, the HR Manager had admitted
that she was aware of the requirements of the NES and
could not provide any explanation for the employer failing
to provide the requisite notice.
In light of the admission, the Federal Circuit Court Judge
Simpson said that the failure to provide the requisite
notice could not be described as a “procedural and not a
deliberate failure” and accordingly, the Federal Circuit
Court imposed a civil penalty of $1,020 against the HR
Manager personally.
The employer was ordered to pay a civil penalty of
$20,400.
This underlines the importance of HR personnel checking
that employee entitlements are paid in full and in
compliance with the NES. Failure to do so may well
result in adverse personal financial consequences for the
HR personnel involved.
Pat Mullins
Partner
Mullins Lawyers
t +61 7 3224 0350
pmullins@mullinslaw.com.au
Alan Strain
Special Counsel
Mullins Lawyers
t +61 7 3224 0323
astrain@mullinslaw.com.au
![Mullins Lawyers l eNews Publications l Page 1
EMPLOYMENT l Issue No. 08 l HR personnel beware
November 2015
Your employer’s failure to comply with the National
Employment Standards (NES) can damage your
personal financial wellbeing.
The recent decision of the Federal Circuit Court in the
case of Cerin v ACI Operations Pty Ltd & Ors [2015]
FCCA 2762 (14 October 2015) is a salutary and timely
reminder for HR personnel of the risk of personal liability
under the accessorial liability provisions of the Fair Work
Act.
The facts of the Cerin case involved the termination of an
employee who was in receipt of workers’ compensation.
The employer gave 28 days notice of termination instead
of the five weeks notice which was required under the
NES. Accordingly, the employee lodged a claim to the
effect that there had been a breach of s44 of the Fair
Work Act and that he had received insufficient notice and
suffered economic loss of $181.66. He further alleged
that the HR Manager at the employer’s Adelaide plant
was aware of the NES and the minimum standards which
included the notice requirements.
In the course of the case, the HR Manager had admitted
that she was aware of the requirements of the NES and
could not provide any explanation for the employer failing
to provide the requisite notice.
In light of the admission, the Federal Circuit Court Judge
Simpson said that the failure to provide the requisite
notice could not be described as a “procedural and not a
deliberate failure” and accordingly, the Federal Circuit
Court imposed a civil penalty of $1,020 against the HR
Manager personally.
The employer was ordered to pay a civil penalty of
$20,400.
This underlines the importance of HR personnel checking
that employee entitlements are paid in full and in
compliance with the NES. Failure to do so may well
result in adverse personal financial consequences for the
HR personnel involved.
Pat Mullins
Partner
Mullins Lawyers
t +61 7 3224 0350
pmullins@mullinslaw.com.au
Alan Strain
Special Counsel
Mullins Lawyers
t +61 7 3224 0323
astrain@mullinslaw.com.au](https://image.slidesharecdn.com/4f22e854-3036-4e85-a470-439fce06e879-151104051446-lva1-app6891/85/EMPLOYMENT-l-Issue-No-8-l-HR-personnel-beware-1-320.jpg)
