It is becoming too common for plaintiffs and their legal
representatives to bring claims personally against managers (and
others) they feel were involved in an alleged contravention of the
Fair Work Act 2009.
Such an approach by plaintiff employees is, in part, tactical; a
step designed to place pressure on the corporate employer to settle
for the wellbeing of its manager and staff. Perhaps, suing the
manager is designed to make the manager feel the wrath of the
disgruntled employee. Legitimately, it is to hold a manager to
account for their conduct.
In this bulletin we examine how the Fair Work Act holds
managers and others to personal account. We review the recent Full
Federal Court decision in EZY Accounting 123 Pty Ltd v Fair
Work Ombudsman [2018] FCAFC 134 (20 August 2018), where an
accountant was found personally liable for the client's
underpayment of wages. We conclude with some tips for managers.
