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.
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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.
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