Whether you're using the services of independent contractors or employees of various types, it's important to get the setup, protections, and payment arrangements right.

 

Underpayment and noncompliance with award conditions persists, posing significant risks. The SCHADS award in particular is intricate - if you get it wrong, you leave yourself open to a range of potential legal and regulatory issues. We can help you get it right.

​

Some of these risks can include, for example:

​

Inadequate arrangements

​

Inadequate agreements leave businesses vulnerable to legal challenges, including claims of unfair dismissal, underpayment of wages, discrimination, or breach of contract. Without clear terms and protections in place, businesses may face costly litigation, fines, penalties, and reputational damage.

​

Misclassification of workers as independent contractors instead of employees

​

Can result in significant financial liabilities, including back payment of wages, superannuation contributions, and penalties for non-compliance with employment laws. Incorrect classification can also impact tax obligations and entitlements for both parties.

​

Misapplication or misinterpretation of the SCHADS award

​

The SCHADS award is intricate - if you get it wrong, you leave yourself open to a range of potential legal and regulatory issues. We can help you get it right.

​

Reputational damage

​

You know what they say - good news travels fast, bad news travels faster! Negative publicity through media coverage or social media platforms can have far-reaching consequences. Poorly managed employment relationships, such as instances of workplace misconduct or mistreatment of workers, can tarnish a business's reputation and erode customer trust. Negative publicity stemming from employee grievances or legal disputes can damage brand image and impact consumer perception.

​

Regulatory repercussions

 

The NDIS Commission has the authority to investigate complaints, concerns, or incidents related to NDIS providers. These investigations can cover a wide range of issues, including allegations of abuse, neglect, exploitation, or failure to meet quality and safety standards. If the Commission identifies instances of non-compliance or serious breaches of NDIS rules and standards, it has the power to take enforcement actions against providers. These actions may include issuing compliance notices, imposing sanctions, or applying for injunctions to address immediate risks to participants.

 

In cases where providers fail to address serious compliance concerns or repeatedly breach their obligations under the NDIS Act, the Commission can revoke their registration.​

 

Instead of outright revocation, the Commission may choose to impose specific conditions on a provider's registration to address areas of non-compliance or mitigate risks to participants. These conditions may include requirements for improved staff training, enhanced governance structures, or regular reporting obligations.

​

Legal repercussions

​

Businesses found guilty of underpaying staff or failing to meet award conditions may face fines, penalties, and legal proceedings initiated by regulatory bodies such as the Fair Work Ombudsman.

​

​