QLD Accessorial Liability for Employer Representative by signing F8A response - General Protection

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Poidah

Well-Known Member
9 November 2017
135
5
419
Qld
Is an employer representative who signed the employer F8A response outlining contraventions of the Fair Work Act an accessorial liability under Section 550 of the Fair Work Act 2009 ?
This is an aspect of law that does not seem to have been tested. If an employer representative signs the F8A employer response, is it a reasonable assumption to argue that they have supported the employer's initial contravention? It seems worthwhile to argue in court that the employer representative are now a party to the contravention and can be a named defendant in the later FCCA application? It is extremely frustrating that employer representatives can be involved in the deceit while the employer can minimise responsibility in the pre-court proceedings, making it difficult to discover and to understand the decision making processes required in a general protection case for unlawful termination.
  • has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
  • has conspired with others to effect the contravention.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,661
920
2,894
Is an employer representative who signed the employer F8A response outlining contraventions of the Fair Work Act an accessorial liability under Section 550 of the Fair Work Act 2009 ?

If an employer representative signs the F8A employer response, is it a reasonable assumption to argue that they have supported the employer's initial contravention?
No and no.