It's not just Directors who can be held personally liable
when something goes wrong. Managers who are directly involved in an
infringement can also experience the same fate.
In the case of Cerin v ACI Operations Pty Ltd, Mr Cerin brought
a claim against his employer ACI Operations and the Human Resources
Manager, Ms Nicola Powell. Mr Cerin alleged that the notice
provisions in the National Employment Standards (NES) and the Fair
Work Act had been breached upon termination of his employment, when
he was provided 28 days' payment in lieu of notice, instead of
the five weeks which he was entitled to under the NES.
Mr Cerin had been injured at work and had received workers
compensation payments for some time. The company decided that there
were no suitable alternative positions for him and that his
employment could not continue. Under the relevant South Australian
workers compensation rules the company had to give Mr Cerin 28 days
notice, which it did.
