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ARTICLE · 26 APRIL 2023

HR manager fined for Fair Work Act breach

Gilchrist Connell
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HR managers are exposed to pecuniary penalties if they are involved in unlawful adverse action against employees.

AustraliaEmployment and HR
Joel Zyngier
Joel Zyngier
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Human resources/workplace relations managers and other senior managers are exposed to pecuniary penalties if they are involved in unlawful adverse action against employees.

In a first decision on liability, Judge Karl Blake found a human resources (HR) manager liable as an accessory to an employer's contravention of the Fair Work Act 2009 (Cth). This was because the HR manager was directly involved in the unlawful dismissal - being the very person who engaged in the unlawful conduct. In the decision on compensation and penalties, United Workers' Union v Bervar Pty Ltd (No 2) [2023] FedCFamC2G 251, Judge Blake ordered the HR manager to pay a $7,560 penalty to the employee.

The worker, a full-time production employee had been progressing in the company for almost five years. She had a disagreement with her manager and another colleague over changes in responsibilities. Following a performance management meeting with a production manager and the HR manager, the

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