I have never heard of the Ombudsman suing an accountant for employment law breaches by their client. Do you agree? Have a read of the Fair Work Ombudsman Media Release: without an Employment Contract the accountant ‘processed wage payments … well below the lawful minimum’. The Ombudsman claims Ezy Accounting was aware of the correct minimum rates.
In light of this attack, without the benefit of an Employment Contract, there is now liability if the accountant: aided the contravention or conspired with the client.
Madam Ombudsman, in my view, has overstepped her position. She has made it difficult for accountants to impartially act for their Employer clients. It is a misuse of her power. Do you agree? To make it worse, her statement
‘in situations where we believe accountants or other professionals knowingly facilitate contraventions of workplace laws, we are prepared to hold them to account’
sounds politically motivated. It is a direct attack on the Accounting profession.
Without charge, Legal Consolidated is happy to give free legal advice to any accountant who is under attack from the Fair Work Ombudsman.
I suggest that you do not act for an Employer, until the Employer has in place law firm prepared Employer contracts.