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Employsure - the Full Federal Court has unanimously upheld an appeal by the ACCC After what seems like many years, in July 2021, Employsure has finally been found guilty of misleading and deceptive behaviour.
Employers must think of dismissing an employee as a two-step process. That is, having a valid reason for dismissal and then affording procedural fairness. Employers must tick both of the ‘boxes’, and it cannot be one or the other. An unfair dismissal application must be lodged by the employee with the Commission within 21 days after the dismissal takes effect. The employer then has 7 days to respond.
Upcoming Webinar on Unfair Dismissals MGA TMA will be holding a webinar on Unfair Dismissals in November 2021. In this webinar, we will consider what makes a dismissal unfair. We will advise on how a business can dismiss someone fairly, as well as the legal risks involved when this is not done lawfully. We will also consider the step-by-step process involved when an unfair dismissal application is lodged against a business. To book for this free webinar please go to https://www.mga.asn.au/webinars-2/ free-webinars-book-now In the meantime, should you require any assistance, please do not hesitate to contact MGA TMA on 1800 888 479.
The court found that Employsure’s Google Ads were misleading largely because of the use of the government agency names in the largest and most prominent typeface. The ads omitted any reference whatsoever to Employsure. As you know, over the past number of years, Employsure has approached many of MGA’s members in various states and territories and discredited MGA’s services in favour of their own very expensive contract IR HR arrangements. MGA has lodged various complaints about Employsures inappropriate and deceptive behaviour with the ACCC along with many other industry associations. The Google Ads, published between August 2016 and August 2018, featured headlines such as ‘Fair Work Ombudsman Help – Free 24/7 Employer Advice’ and ‘Fair Work Commission Advice – Free Employer Advice’ and appeared in response to search terms such as ‘fair work ombudsman’. “Employsure’s ads were displayed to small businesses who were searching for workplace relations advice from the relevant government agency, the Fair Work Ombudsman. Employsure is a private company which is not affiliated with the government, and provides workplace relations advice to businesses under long-term contracts
with on-going fees,” ACCC Deputy Chair Mick Keogh said. “We took this action after receiving over 100 complaints relating to Employsure, including from small businesses who had contacted Employsure after viewing a Google Ad and thought they were dealing with a government agency.” “We brought this case because we were concerned that Employsure’s ads gave the impression that Employsure was a government agency or affiliated with the government. Any attempt to misrepresent a business as being part of the government is a serious breach of trust – and of our consumer laws,” Mr Keogh said. “This finding by the Full Federal Court sends a very strong message to internet advertisers that misleading consumers and small businesses by using combinations of words that are the same or similar to the names of government agencies to attract customers risks enforcement action and significant penalties.” “We will continue to take appropriate enforcement action where we consider that businesses are misleading consumers with search engine advertising,” Mr Keogh said. A hearing on relief, including penalties, will be held at a later date. MGA thanks the ACCC for pursuing this matter on behalf of all MGA TMA members and all small and family businesses around Australia. Source - ACCC
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