Taxpayer Liability

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In the public sector, costs associated with contraventions of the Fair Work Act 2009 (FWA), Health and Safety Act 2011 (HSA) and the Public Governance, Performance and Accountability Act 2013 funded by the Australian taxpayer. In other words, the taxpayer is liable for costs associated with bullying, unfair work practices and unfair dismissals.

 

Taxpayer liabilities for contraventions of the FWA and the HSA can include payments made to workers for:

                - settlement

                - sick leave (before workers compensation is sought)

                - medical, rehabilitation and salary costs while sick (workers compensation)

 

Additionally the taxpayer also absorbs the cost for:

                - litigation (courts, tribunals, Fair Work Commission)

                - increase in workers compensation premiums  

                - increased staffing resources to cover grievances, rehabilitation, etc.

                - attrition - when staff are pushed out due to bullying and unfair dismissals; new staff brought in with                             training required.

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Current reporting mechanisms do not provide data specific to Australian taxpayer bailout of public sector employers who contravene workplace laws.  This is because employers absorb these costs within their operations or staffing/HR budgets. Click here to read more about the lack of transparency and accountability in reporting contraventions of workplace laws and how this has a flow on affect on negotiating work rights for workers.

 

The ease of passing liabilities to the Australian taxpayer for contravening the FWA and the HSA has made it much easier for habitual perpetrators in the public sector to remain under the radar undetected when they bully, harass or unfairly dismiss workers.  After all, these perpetrators do not personally fund the liabilities associated with contravening workplace laws. Instead the liability is passed to the taxpayer.

 

Click here to better understand the lack of transparency and accountability when public sector employers contravene workplace laws

 

Click here to better understand how you can report wasteful spending

 

Click here for information about toxic workplaces

 

Click here for information about workplace bullying

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