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The full Federal Court has increased Employsure's fine for misleading and deceptive conduct to $3 million, ruling the earlier penalty didn't carry "sufficient sting".

In August 2021, the full bench ruled on appeal that Employsure had breached the Australian Consumer Law through six Google ads published between 2016 and 2018, which featured headlines such as 'Fair Work Ombudsman Help – Free 24/7 Employer Advice' and 'Fair Work Commission Advice – Free Employer Advice'.

It found the ads falsely conveyed government affiliation representations, and remitted the matter for determination on penalty and costs.

A couple of months later, Federal Court Justice John Griffiths fined Employsure $1 million. The ACCC had argued that $5m was appropriate, but he said there was a "very low" need for specific deterrence as the conduct wasn't deliberate and Employsure had improved its compliance systems...