Here’s what I’m thinking about: “Exploitation” and “Wage Theft”

“Exploitation” and “Wage theft” are emotive and pejorative terms that are used freely by commentators and policymakers calling for harsh penalties. But can any “breach of minimum employment standards”[1] count as exploitation?

Is an employer guilty of exploitation or wage theft for “not complying with the minimum legal entitlements of their employees”?[2] or is something more required to earn the badge of iniquity? Something that colours the non-compliance as misconduct or unconscionable?

What do you think?

Slide1

You’re cordially invited to come along and have your say in WorkAccord’s next Tuesday TalkAbout, on November 26, when we’ll be talking about “Modern Slavery, Exploitation and Vulnerable Worker Protections”.

I hope you’ll join me!

Andrew C. Wood

 

[1] The understanding conveyed by New Zealand MBIE’s Consultation Paper on Temporary Migrant Worker Exploration, Oct 2019.

[2] The understanding conveyed by the Australian government Migrant Worker Taskforce in its report, March 2019.

Defining the Undefinable. Pursuing the illusive definitions of “independent contracting” and “employment”.

In the lead up to the 2016 federal election, the ALP committed “to work with workplace relations experts and practitioners, employers and unions to develop a definition of independent contracting that will provide certainty to workers and employers”[1]. Despite losing the election, there are still plenty of people involved in state and industry politics, who would like to do much the same thing.

So, let me explain why I think that heroic attempts to define independent contracting and employment are futile; and quite possibly counter productive, other than to reveal what the workplace relations experts already know – namely that the terms are neither defined nor definable.

Continue reading

7 Market-Driven Features of the Fels Wage Fairness Panel Inquiry into the 7-Eleven Franchise

For anyone who might be looking for evidence of the effectiveness of market-driven initiatives in tackling labour exploitation, seven features of the Fels’ Panel inquiry into wage fairness within the Australian 7-Eleven franchise are worth noting. Continue reading

Can we set off the over-payments?

Me:  Probably not.

Audience: (Pugnaciously) But our contracts say we can!

Me:  Yeah, they do. Funny that. Probably not!

Audience: But why?

Me: Because you can’t usually raise a contractual set off against a statutory entitlement.

Audience: Oh!…. What?

Alarm bells ring to signal serious legal issue. Check out the discussion In Chambers…