Transport employer and sole director face significant penalties for Sham Contracting

Happy Cabby Pty Ltd (Company) and Mr Graham Paff, the Company’s sole director and company secretary, have recently been ordered significant penalties for sham contracting and underpayment and payslip contraventions of the Fair Work Act 2009 (FW Act): over $250,000 for the company and approximately $50,000 to Mr Paff. The Company and Mr Paff were also ordered to pay relevant employees’ outstanding award entitlements of approximately $25,000.
Background
The Company operated a transportation business transporting people from the […]

By | August 27th, 2013 ||

New Zealand: Disclosure order for employee's Facebook, bank account – an outrage or fair play?

Download: 2013 PUB BC Disclosure order for Facebook bank account – an outrage or fair play – 15 AUGUST.pdf

Despite the excitable reaction from Tech Liberty, the Employment Relations Authority (ERA) was acting well within its powers when it ordered an employee to hand over her Facebook pages and bank accounts for the period in dispute1.

Rather unremarkable, really. Certainly not an unwarranted invasion of the employee’s privacy.
The background
The employee concerned, Gina, was dismissed after she took […]

By | August 20th, 2013 ||

United Kingdom: Matching Share Plan (MSP)

In these turbulent times, the Smith & Williamson Matching Share Plan is more attractive than ever to employers and employees alike. A share incentive which does not feel like value for money will not do its job. The tax charges associated with a share award are a key part of this, with the 45% tax rate for additional rate taxpayers.

It is common to reward employees with shares and to attach forfeiture conditions which will […]

By | August 20th, 2013 ||