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Higher Penalties for Employsure?

Friday 21 January 2022

The Australian Competition and Consumer Commission (ACCC) are appealing for  Employsure  to have a $5 million penalty instead of the initial $1 million penalty for  misleading representations through Google ads.

ACCC Deputy Chair Mick Keogh said in an official statement, “We believe a higher penalty is necessary and appropriate having regard to the nature of the conduct and size of Employsure, to ensure that internet advertisers are sufficiently deterred from misleading consumers about who they are dealing with.” 

The competition and consumer regulator alleges  company published six misleading google ads between August 2016 and August 2018.

Last November, the gave the company $1 million penalty.
The deputy chair added, “Any attempt to misrepresent a business as being part of the government is a serious breach of trust, and of our consumer laws.”
Significant Changes
Employsure said in statement that that they have made ‘significant’ changes when  approached by the ACCC for the breach their breach in obligations. 

Employsure added in their official statement , “Although disappointed with the original decision against Employsure, we accepted it, along with the $1M penalty. The proposed $5M penalty the ACCC originally sought was a demand which Federal Court Justice John Griffiths said made him ‘gag’. The injunctive relief, which was rejected, “failed to demonstrate that any useful purpose will be served by one, and that the conduct was not deliberate or likely to recur.”