Angela is very experienced in advising clients in all facets of employment law.

Angela Engel
Special Counsel
Aitken Legal
Employment law Specialist

Mob: 0488 980 055

Offices

Gold Coast
Suite 602 Level 6 ‘The Rocket’, 203 Robina Town Centre Drive,
Robina Qld 4226
Ph: 07 5593 1665

Other Regional Offices
Sunshine Coast
Toowoomba

Office Hours
(By appointment)
8.30am-5.00pm Mon-Frid

The following questions were asked by the BEN Network members;

(1) Angela, what get’s you out of bed every morning, both professionally and personally?

No day is the same and I gain huge satisfaction from helping Employers out of difficult stressful situations by navigating them through their responsibilities within Employment law.
On a personal level I have two very adventurous, resilient, never give up children who inspire me every day.

(2) Can you please define what it is that you do?

I find plain English solutions to Employers employment law problems, and I do this in a very cost effective manner.

(3) How do you achieve this?

I focus and identify what the Employers needs are, what there risks are, and come up with strategies and solutions around these circumstances, so as to successfully navigate through the issues and onto specific answers and solutions. 

(4) Angela what do you think defines your value?

I remove the fear and emotion replacing these paralysing emotions with clear and tangible solutions. My lengthy experience in Employment Law and background in Commercial Litigation provides a welcome holistic approach, which often unlocks and frees up stressful situations saving money and headaches all round.

(5) Can you describe your ideal Client type/attributes

  1. An Employer who is stressing over a current employee problem such as an employee who is making a claim or is complaining, or the Employer needs to remove a staff member.
  2. An Employer that wants to be proactive and improve their compliance with the legislation, strengthening up their foundations in order to reduce potential ongoing risks to their business, especially if they are on a growth curve and scaling up – The danger here is replicating an existing problem which will become a major financial risk to the business.

COURT HAS ZERO TOLERANCE – DIRECTOR HELD PERSONALLY LIABLE!
Published on September 17, 2018

Angela Engel
Special Counsel at Aitken Legal
Article by Angel Engel

Facts: This case involved a security business and the director of that security business being held liable for breaches of the Fair Work Act because it failed to pay its employees in-accordance with the relevant Award. An audit was conducted by the Fair Work Ombudsman which determined underpayments totalling $22,779.72. The cause of underpayments was due to employees being paid a “flat hourly rate of pay.” These underpayments impacted two employees who, because of their low income, could not maintain stable living arrangements or meet financial commitments.

Findings: Each time the security company underpaid an employee’s minimum hourly rate, it essentially breached a term of the Award. The court found that the director, in his controlling of the company, was “well aware of the requirements of the Award.” The court considered the fact that the director had previously had dealings with the Fair Work Ombudsman through a previous business. The court stated that “there could be no other conclusion than that the contraventions in this case were deliberate.”

Penalties: The penalties ordered by the court were issued as follows:

  • $22,779.72 in unpaid wages, to be paid either by the company or by the director himself;
  • $257,000 penalty for the company; and
  • $51,400 penalty for the director (with 25% of this penalty to be suspended and reactivated if he contravenes the Fair Work Act again within 5 years).

The chief finding in this case highlights that the court issued orders both jointly and severally with regards to the unpaid wages, meaning that if the director liquidated his company, he would be left to settle the unpaid wages from his own pocket.

Arrange a health check to make sure you are not underpaying staff.
Contact Angela Engel
Aitken Legal Employment Law Specialist
Mobile (07) 5593 1665

2018-09-21T07:50:32+00:00