Employsure

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Employsure
FoundedFebruary 2011 in Sydney, New South Wales, Australia
Headquarters180 Thomas Street, ,
Areas served
Australia, New Zealand
ServicesWorkplace relations advice
ParentPeninsula Business Services
SubsidiariesEmploysure Limited, Auckland, New Zealand
Websiteemploysure.com.au

Employsure is an Australian-based company that provides workplace relations support to employers and business owners in Australia and New Zealand. It is a subsidiary of Peninsula Business Services Group Ltd[1] based in the United Kingdom and comes under the banner of the Rainy City Investments Ltd,[2] also based in the U.K. (Manchester).

Employsure won “Australia's Growth Company of the Year” for 2015[3][4] and "Business Services Growth Company of the Year"[5] for 2016[6] and 2017.[7] In 2019 Employsure was listed as one of HRD's Innovative HR Teams.[8] It is a signatory to the Australian Supplier Payment Code, a voluntary initiative of the Business Council of Australia.[9][10]

History[edit]

Employsure was founded in 2010 by English-born barrister Edward Mallett following the change in Australian employment legislation due to the introduction of the Fair Work Act 2009.[11] It is now the largest in its sector with over 20,000 clients in Australia and 800 employees[12][13] being one of the fastest growing companies in the country, and the largest Australian based HR organisation.[14][15]

In April 2012, Peninsula Business Services Limited invested £1.7 million (AUD $2.94 million) in the company, acquiring a majority stake.[16][17]

In April 2015, the company moved to their current offices at 180 Thomas Street in Haymarket, Sydney.[18]

In April 2019, Employsure launched Employsure Protect, a discretionary mutual product available exclusively to its clients.[19]

Current operations[edit]

In 2016, the company expanded its operations in Australia and in New Zealand by opening offices in Perth, Western Australia and Auckland, New Zealand. Employsure employs over 800 staff and has more than 20,000 clients across Australia and New Zealand as of 2018,[20] and is also credited as the largest employer in its sector.[21][22]

Employsure Law[edit]

The company provides legal representation through its Employsure Law brand which is a full-service employment law firm that provides employers with end-to-end support in a variety of employment law matters.[23][24] Previously the service was delivered by the Employsure Claims Team and through a partnership arrangement with Sparke Helmore. The company also provides insurance solutions through QBE and EmploysurePLUS, which provide additional services such as training for employees and managers, onsite meeting support, grievance investigations and summary reports, and other compliance reviews.[25]

Pro Bono Program[edit]

Employsure's pro bono program focuses on providing free long-term support for non-profit organisations and charities in managing their staff and creation of safe workplaces.[26] Through this program, Employsure contributes hours of their time to provide free legal services, specialised advice and assistance to such organizations. The company's recent pro bono work includes the Sydney Dogs and Cats Home in 2017-2018.[27]

Workplace research[edit]

In August 2017, Employsure with the help of Galaxy Research conducted Workplace Safety Index surveying 400 Australian small businesses owners and managers to track Australian small business’ understanding and confidence in planning, managing and implementing their workplace health and safety obligations.[28][29]

In August 2018, the Employsure State of Work Report was conducted by Roy Morgan Research on behalf of Employsure surveying more than 600 employees.[30][31]

Awards[edit]

In October 2015, Employsure was awarded Australia's fastest growing company at the Deloitte Growth Company of the Year awards.[3][4] Following the "Business Services Growth Company of the Year” award in 2016[6] and 2017.[7]

In August 2016 It was named the 21st best place to work in Australia among companies with 100 or more employees by Great Place to Work and ranked thirteenth in BRW’s 50 most innovative companies list.[32][21]

In September 2017, Employsure was nominated for three awards in the Australian HR Awards: Best Reward & Recognition Program, Employer of Choice (101 - 999 employees) and Australian HR Team of the Year (under 1000 employees).[33] The company won the 2017 award for Best Reward and Recognition Program for 2017.[34]

In February 2018, Employsure was named 8th on the Financial Times FT 1000: High-Growth Companies Asia-Pacific list.[35]In July 2018, the company was named 2018 Aon Best Employers in Australia and New Zealand at the Aon (company) best employer annual award, for its high employee engagement scores and outstanding people practices.[36][37] In September 2018, Employsure was named HR team of the Year at the 2018 Australian HR Awards.[15]

Criticisms[edit]

Complaints to the Fair Work Ombudsman[edit]

On July 2017, the Fair Work Ombudsman released a statement regarding numerous complaints from members of the public claiming to be misled by the web address "www.fairworkhelp.com.au" owned an operated by Employsure Pty Ltd. The Fair Work Ombudsman stated that it is not affiliated with any commercial providers of advisory or workplace relations and that it provides tools, advice and services to employers, employees and members of the public free of charge.[38][39]

NSW Supreme court ruling on Employsures inability to enforce contracts[edit]

In June 2018 the NSW Supreme Court ruled that IR provider Employsure cannot enforce a contract that locked an employer into a five-year deal for its services[40][unreliable source?][41][42]. Employsure sued its customer, Italian food importer and supplier Zintix, after it attempted to quit the contract after eight months, owing $18,463.00.

Fair Work Commission and Unfair Dismissal[edit]

On 11 December 2015 the Fair Work Commissioner Michelle Bissett issued an unfair dismissal decision in which the commission determined Ms S (name withheld) had been unfairly dismissed from her employment at Employsure.[43][44] The FWC at Employsure's request did agree to prohibit the publication of the decision with respect to compensation awarded Ms S. However, Employsure's attempt to keep other aspects of agreed remuneration including commission structures, sales targets, cancellation rates etc. was not granted. The FWC stated that "The Commissions role is not to shield any business from competition."

ACCC start proceedings against Employsure for misleading advertising and unconscionable conduct[edit]

On 21 December 2018 Civil proceedings were instituted against Employsure Pty Ltd for allegedly misleading small business consumers that it was, or was affiliated with, a government agency when that was not the case.[45] It is also alleged that Employsure represented to consumers that it provided a helpline for free workplace relations advice, when the primary function of that helpline was to secure marketing leads to sell its services.

The ACCC alleges that Employsure engaged in the misleading conduct, in breach of the Australian Consumer Law, through its use of Google Ads campaigns and on its websites between January 2016 and November 2018. Employsure's websites also prominently advertised call centre phone numbers for a ‘Helpline’ that provides free advice.

“The ACCC alleges that Employsure targeted small businesses who were seeking the free workplace relations helpline operated by the Government. Its primary objective was to sign these businesses up to long-term contracts with on-going fees,” ACCC Commissioner Sarah Court said.

“In some cases, the advice sought by these businesses was available free of charge from the Fair Work Ombudsman.”

“Business must not claim they provide free, government affiliated services in order to lure customers into buying their services,” Ms Court said.

The ACCC also alleges that Employsure engaged in unconscionable conduct towards four small businesses between August 2015 and June 2018.

References[edit]

  1. ^ https://www.insidermedia.com/insider/hidden/done-familys-business-services-group-hits-116m
  2. ^ https://beta.companieshouse.gov.uk/company/06473841
  3. ^ a b "Australian Growth Company Awards". Employsure News. 30 October 2015. Retrieved 20 September 2016.
  4. ^ a b Magazine, Anthill (2015-11-13). "Employmentsure cements its position in employment law sector". Retrieved 2019-02-19.
  5. ^ "Australian Growth Company Awards". Deloitte. 28 October 2016. Retrieved 5 May 2017.
  6. ^ a b "Employsure wins Business Services Growth Company of the Year Award 2016". Employsure News. 2016-10-28. Retrieved 2019-02-16.
  7. ^ a b "Australian Growth Company Awards". Deloitte. 26 October 2017. Retrieved 20 November 2017.
  8. ^ "Employsure | HRD Australia". www.hcamag.com. Retrieved 2019-05-05.
  9. ^ "About". Supplier payment code. Retrieved 2019-02-16.
  10. ^ "See who's signed up". Supplier payment code. Retrieved 2019-02-16.
  11. ^ "This legal start-up has reeled in 7,000 clients in just four years thanks to one law that was introduced in 2009". Ant Hill Online. Retrieved 15 September 2016.
  12. ^ "The employee strongly denied the evidence". NewsComAu. 2018-07-11. Retrieved 2019-05-05.
  13. ^ "Artificial intelligence will decide if you get an interview for your next job". Australian Financial Review. 2019-01-31. Retrieved 2019-05-05.
  14. ^ "About Our Company". Employsure. Retrieved 15 September 2016.
  15. ^ a b Employsure (2018-09-12). "How Employsure became the beacon of HR innovation". www.mybusiness.com.au. Retrieved 2019-02-16.
  16. ^ News, Manchester Evening (2012-05-14). "Peninsula Business Services turns to down under". men. Retrieved 2017-05-01.
  17. ^ "Peninsula launches Down Under". Insider Media. 15 May 2012. Retrieved 23 August 2016.
  18. ^ "Haymarket office in hot demand". Sydney Morning Herald. 28 February 2015. Retrieved 5 June 2017.
  19. ^ "Employsure Protect | Workplace Claims & Litigation | Employsure NZ". Retrieved 2019-05-05.
  20. ^ "Retailers Caught in The Penalty Rate Yo-Yo". Business Franchise Australia. Retrieved 2019-02-16.
  21. ^ a b "We empower people to challenge the status quo: Employsure's founder on work culture". Dynamic Business. 19 September 2016. Retrieved 17 October 2016.
  22. ^ "Penalty rates change". Retail Pharmacy. 2018-06-28. Retrieved 2019-02-16.
  23. ^ "Employsure Law | Complete Legal Support Service Launch". Employsure. 2018-06-28. Retrieved 2019-02-16.
  24. ^ "Employsure Law | Employment Law and Workplace Dispute Resolution". Employsure Law. Retrieved 2019-02-16.
  25. ^ "Employsure Pty Ltd". www.ibisworld.com.au. Retrieved 2019-02-16.
  26. ^ "Our pro bono program". Employsure. Retrieved 2019-02-19.
  27. ^ "Sydney Dogs And Cats Home Annual Report 2017-18" (PDF). Retrieved 2019-02-19.
  28. ^ "Paperwork, rule changes barriers to workplace safety". AJP. 2017-10-11. Retrieved 2019-02-16.
  29. ^ "One in two small businesses not prepared for workplace bullies, Employsure research shows". Dynamic Business. 2017-10-25. Retrieved 2019-02-16.
  30. ^ Patty, Anna (2018-11-01). "I made sure I never broke in front of him: Bosses who bully workers and make them cry". The Sydney Morning Herald. Retrieved 2019-02-16.
  31. ^ "1 in 3 workers bullied by boss, says report". safetysolutions.net.au. Retrieved 2019-02-16.
  32. ^ ""Behind Employsure's values-based equation"". Inside HR. 14 September 2016. Retrieved 17 October 2016.
  33. ^ "The Australian HR Awards 2017 Finalists". HR Awards. Retrieved 11 September 2017.
  34. ^ "The Australian HR Awards 2017 Winners". HR Awards. 8 September 2017. Retrieved 11 September 2017.
  35. ^ "FT 1000: High-Growth Companies Asia-Pacific". Financial Times. 12 February 2018. Retrieved 20 February 2018.
  36. ^ "Accredited Best Employers". AON HEWITT. 4 July 2018. Retrieved 30 July 2018.
  37. ^ Hilton, John. "Best employers in Australia and NZ revealed". HR Online. Retrieved 2019-02-19.
  38. ^ https://www.fairwork.gov.au/about-us/news-and-media-releases/2017-media-releases/july-2017/20170704-fwo-statement-on-employsure
  39. ^ "Fair Work Ombudsman targets HR 'disrupter' over alleged misrepresentations". Australian Financial Review. 2017-07-04. Retrieved 2019-02-19.
  40. ^ http://workplaceinfo.com.au/resources/news/news/supreme-court-smacks-down-employsure-contract#.W74Yp2gzaUk
  41. ^ Zintix (Australia) Pty Ltd v Employsure Pty Ltd (924), 2018-06-19, retrieved 2019-02-16
  42. ^ "Court rules against Employsure contract's "penalty" clause". memberarea.ecawa.org.au. Retrieved 2019-02-16.
  43. ^ http://workplaceinfo.com.au/termination/unfair-dismissal/cases/employsure-wins-battle-to-keep-decision-under-wraps#.W74YTmgzaUk
  44. ^ "[2015] FWC 8432". Retrieved 9 December 2018.
  45. ^ https://www.accc.gov.au/media-release/employsure-in-court-over-misleading-advertising-and-unconscionable-conduct-allegations

External links[edit]