News and Reviews
Disabled workers disproportionately victims of wage theft
Disabled workers disproportionately victims of wage theft
Slater and Gordon Lawyers
Research shows that workers with disability are overrepresented in the gig economy and are more likely to work casual hours. For that reason, new employment laws that seek to allow the introduction of minimum standards for these workers cannot afford to be delayed any further.
These minimum standards include pay, penalty rates, superannuation, payment terms, record-keeping, insurance, representation, consultation, working time and potentially a right to annual leave depending on the worker’s situation. With the gig economy on an upward trajectory, these minimum standards should be introduced sooner rather than later.
Slater and Gordon Lawyer in Industrial and Employment law Cassandra Grey said that a significant number of people with disabilities rely on gig economy work to help meet their basic needs of daily life.
The Final Report of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability published on 2 November 2023, details the evidence received by the Disability Royal Commission — regarding widespread wage theft among firms that hire disabled workers as well as recommendations to ensure truly inclusive employment for workers with disabilities.
The Disability Royal Commission heard evidence from the Australian Human Rights Council that people with disability are more likely than others to work casual hours and work in the gig economy. This means that they are still working without minimum standards and secure pay as the cost-of-living rises, often with additional expenses they must pay for related to their disability.
“This just demonstrates how vital it is to enshrine workers’ rights in these industries, so no workers with disabilities continue to slip through the cracks and the human right of disabled people to be employed in just and favourable conditions can be fully realised.
“Gig economy workers can have low bargaining power, low authority over their work and often receive pay at or below the rates of comparable employees, without the security and protection afforded to employees under Australian industrial relations law. Casual employees also face potential uncertainty of available work usually without any leave entitlements.
Research shows that workers with disability are overrepresented in the gig economy and victims to wage theft.
“People with disabilities already face tremendous hurdles in the workforce, including finding suitable employment, accessing reasonable adjustments, prejudicial attitudes of employers, discrimination and wage theft. So it’s disappointing, but unsurprising that they’re having to turn to the gig economy to make ends meet,” Ms Grey said.
The proposed reforms will allow the Fair Work Commission to exercise its new jurisdiction to ensure gig economy workers receive added workplace protections. The changes will also make wage theft a criminal offence throughout Australia, increase civil penalties for underpayment offences, prevent employers paying labour hire employees lower rates of pay than their direct employees and amend the defence available to employers who are accused of sham contracts.
The reforms will also make it easier for casual employees to choose to change to permanent employment, provide greater protection from discrimination for employees (including prospective employees) who experience family and domestic violence, and allow digital platform workers to contest unfair deactivation from the apps they work through. Deactivation occurs where a gig economy worker is removed from an app, preventing them from earning an income.
“The statistics emerging from the Disability Royal Commission of the rates of violence, abuse, and neglect of disabled people in Australia are shocking, and it’s time that family and domestic violence was recognised as a protected attribute in anti-discrimination legislation.
“Stable and secure employment benefits both employees and employers. Employers who underpay workers should be made to pay civil penalties proportionate to the amount of the underpayment.”
“These reforms for gig economy and casual workers would positively impact many vulnerable workers who can face substantial power imbalances up against large digital platform employers and should not be delayed.
“Workers with disabilities are particularly vulnerable to being left behind and it’s imperative that our industrial relations system protects the rights of all workers,” Ms Grey said.
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$3.8 MILLION TO HELP NORTHERN RIVERS COMMUNITY HEAL AFTER 2022 FLOODS
RESEARCHERS at Southern Cross University have been awarded more than $3.8 million to help Northern Rivers locals affected by the devastating 2022 floods.
In a world-first approach, the researchers will implement a stepped care model to support over 200 people left with post-traumatic stress disorder (PTSD) after the floods.
To date, there have been very few clinical trials focused on recovery from disaster-related PTSD. None have focused on a stepped care model.
Stepped care is an evidence-based system for treating mental health, involving a hierarchy of treatments, from least to most intensive.
The stepped care treatments in this clinical trial will include an arts-based group compassion program and group-based MDMA-assisted therapy. It is hoped the findings will provide additional treatment options for those impacted by future disasters.
People can register their interest in participating in the clinical trial by emailing compassiontrial@scu.edu.au
The Albanese Government is providing these funds as part of the 2022 Clinical Trials Grant Activity, with funding commencing from March 2024.
Grants totalling $62 million were awarded to 26 recipients as part of the grant opportunity.
The Albanese Government has committed a total of $750 million for the Clinical Trials Activity Initiative over ten years.
Quotes attributable to Federal Minister for Health Mark Butler MP:
“Supporting the mental health of Australians is a key priority for the Albanese Government.
“In a country often ravaged by bushfires, floods and cyclones, the world-first research by Southern Cross University will look for new and innovative ways to help communities recover following natural disasters.
“We hope that this research project will help the Northern Rivers community to recover following the flood tragedy.
“Our Government is proud to support this groundbreaking research through the Medical Research Future Fund.”
Quotes attributable to NSW Parliamentary Secretary for Disaster Recovery and State Member for Lismore Janelle Saffin MP:
“This project not only offers innovative evidence-based practices for trauma relief, but also means something positive can come out of our local experience. This research will add to the body of knowledge around trauma and post-traumatic growth.
“James Bennett-Levy has an international reputation for innovative mental health approaches and a commitment to the wellbeing or rural Australians, particularly the residents of the Northern Rivers Region. That’s why I was happy to throw my support behind this project.”
Quotes attributable to Lead Researcher, Professor James Bennett-Levy, of Southern Cross University:
“I thank the Minister for funding this world-first clinical trial of a stepped care model in a post-disaster context.
“In 2022, northern New South Wales, and Lismore in particular, experienced Australia’s most devastating floods. People are still suffering from disaster-related post-traumatic stress disorder (PTSD).
“Our research after the 2017 floods showed that mental health problems were compounded if people were self-critical and blamed themselves. We have therefore designed a stepped care program with a self-compassion focus. Step 1 will evaluate a five-session arts-based program which engages participants in creating compassion-focussed artworks. If participants still have PTSD, they may be eligible for Step 2, MDMA-assisted therapy. Prior research has shown that MDMA-assisted therapy is an effective evidence-based treatment for PTSD and enhances self-compassion.”
Quotes attributable to Vice-Chancellor and President, Southern Cross University Professor Tyrone Carlin:
“Under Professor Bennett-Levy’s leadership and expertise, this novel trial will broaden our knowledge about the effectiveness of therapeutic treatments for addressing serious trauma following a natural disaster.
“Lismore is the most flood-prone city in Australia. We know that many in the Northern Rivers community remain traumatised by the 2022 back-to-back flood disasters. Lismore is also the birthplace of Southern Cross University, and with our roots deeply embedded in the community it is appropriate we lead this project.
“We congratulate Professor Bennett Levy for being awarded the MRFF grant. It represents the largest block MRFF funding received by Southern Cross University to date and illustrates the excellence and impact of critical research conducted by the University in our region.”
For more 2022 floods news, click here.
Council investigating possible DA Tracker data breach
On 24 April, an upgrade to Byron Shire Council’s document management system resulted in some internal development related documents being viewable on the DA Tracker public web portal.
The DA Tracker is Council’s online portal that allows users to track the progress of development applications.
“Access to the DA Tracker was temporarily suspended as soon as we became aware of the issue, and the removal of the internal documents from the DA Tracker public web portal was completed on 29 April”. Council’s Manager Business Systems and Technology, Colin Baker said.
“We are currently investigating this incident to determine the exact nature and extent of the documents incorrectly published.” Mr Baker said.
Council takes the privacy of its customers very seriously and has engaged the NSW State Government’s Cyber incident response team to assist with the investigation. If it is determined that a data breach occurred, Council will be contacting any person directly impacted, and following other mandatory reporting requirements.
Customers concerned about this DA Tracker data breach incident can contact Colin Baker, Manager of Business Systems and Technology by calling 02 6626 7347.
For more Byron Bay news, click here.
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