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Statement regarding the ACCC’s $1M penalty appeal against Employsure

Published January 18, 2022 (last updated on November 29, 2023) | Adam Wyatt - Content Writer

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Employsure has made significant changes and improvements since first being approached by the ACCC in 2018 regarding Google ads which ran from July 31, 2017, to April 12, 2018. These ads have not been live or part of our strategy since.

We have progressively strengthened our messaging to avoid any future ambiguity and are disappointed that, after four years, this case is still ongoing.

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.”

It is disappointing that the ACCC did not contact us prior to filing this appeal. We are always open to discussions and hope to resolve this quickly without it having any further impact on taxpayer dollars or our clients.

Employsure has never claimed to be affiliated with, or endorsed by, any government agency, and we stand by this.

 

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