Posted December 14, 2019 07:51:00 The ABC’s human resources department has released a report into how it deals with staff who fail to disclose their entitlements.
The ABC has been ordered by the Court of Appeal to provide the report to the Australian Taxation Office (ATO) by January 6, 2020.
The ABC’s HR and Human Resources department, on behalf of the ABC, provided the document to the ATO.
The document outlines the ABC’s processes and policies relating to employee entitlements, including its obligations under the Privacy Act.
When an employee is unable to provide their entitlement information to the ABC or to the employer, the employee may choose to apply to the Human Resources Department for a redress of the claim.
The employee may then choose to lodge a redress claim with the ATOM.
The ATOM will decide whether to grant the claim or not.
The complaint may be referred to the Independent Commission Against Corruption (ICAC).
The HR and HRD department also discloses that the ABC has an internal code of conduct, in particular, its policies on disclosure and whistleblowing.
It is a common practice for employees to lodge complaints with the ABC and its corporate partners about their entitleions, such as their pay, entitlements and conditions.
The code of practice requires all employees to disclose these entitlements in writing to the employee’s employer and to the HR department within 15 days.
Employees who do not follow this policy will be considered to have failed to disclose the entitlements to the appropriate employer, and will be subject to disciplinary action.
Employees may also choose to seek to have their entitleings withheld from their pay or conditions.
A similar policy applies to employees of the Public Service Pension Board (PSBPB), the Government Employees’ Union (GEU) and the Australian Industry Group (AIG).
It’s understood the ABC will now be in the position of deciding whether to issue a notice to an employee to lodge an application for redress.
Under the Human Rights Act 1979, if an employee files a complaint against the ABC alleging that they are owed an amount they are not entitled to or the ABC is in breach of their human rights obligations, the ABC can decide to refer the matter to the Administrative Appeals Tribunal (AAT).
Under AAT’s rules, if the ABC fails to respond within two weeks, the employer may be required to pay a penalty amount equal to 30 per cent of the employee on top of the amount due the employee.
According to the rules, a notice may be issued to the AFP, ASIC, ASIC Inspectorate, ABC, the Public Interest Advocacy Centre (PICA), the ABC Media Office and ABC Radio Australia for failure to respond to a complaint within 60 days of receipt of the complaint.
The AFP has an interest in the outcome of the matter.
Employees who file complaints against the ATOs may also lodge a complaint with the Human Services Complaints Commission (HSC).
A complaint may also be referred directly to the Federal Court of Australia for the purposes of considering the matter in a Federal Court.
This could include a case that relates to a claim for unpaid wages, child support, or other entitlements that the employee has failed to pay.
The employer would have the opportunity to seek judicial review of the decision to refer a complaint to the HSC.
Some employees may also wish to lodge their complaints with their employers in the Federal Courts.
An employee may also want to lodge the complaints directly with the Attorney-General’s Department or with the Federal Independent Commission (FIC).
The FIC is an independent body that has the power to refer complaints to the court.
To lodge a claim with an ATO, the complainant must provide their employment agreement, employment record and the written consent to the complaint, if applicable.
If an employee has not been paid the full entitlements they are entitled to under the ABC Act, the ATOD will then consider the claim and decide whether or not to grant a claim.
Once a claim has been lodged, the department will contact the employee and provide them with a copy of the employment agreement and the employee will be entitled to a refund of their entitlement amount.
After the employee receives the refund, the payment will be processed within three business days.
If the employee does not pay the full amount within three days, the refund will be returned to the department.
However, if they fail to pay within 30 days of receiving the refund they will be required by the department to repay their entitlement amounts, or the employee could be required in court.