What Is An Example Of Misleading And Deceptive Conduct?

October 6, 2023    Employment Lawyers
What Is An Example Of Misleading And Deceptive Conduct?

The concept of misleading and deceptive conduct holds significant importance in upholding fair and ethical business practices within Australia. It involves instances where individuals or businesses partake in actions that lead to the misguidance or deceit of others, potentially resulting in harm or financial detriment.


In the context of employment law, this matter becomes particularly crucial, as it can have profound implications for both employees and employers. This blog aims to delve into the misleading and deceptive conduct contract laws, provide real-life illustrations, and underscore the pivotal role played by employment lawyers in Perth, WA.


Legal Framework in Australia

To gain a comprehensive understanding of misleading and deceptive conduct, it’s essential to begin with its legal foundation in Australia. This concept is primarily governed by the Australian Consumer Law (ACL), outlined in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Of particular relevance is Section 18 of the ACL, which expressly prohibits misleading or deceptive conduct within the realm of trade and commerce.


Elements of Misleading and Deceptive Conduct

For a case to establish misleading and deceptive conduct, it must satisfy several critical elements:


1. Conduct

The foundation of such a case requires the existence of some form of conduct, which can encompass actions, statements, or representations.


2. Misleading or Deceptive

The conduct under scrutiny must possess the quality of being misleading or deceptive, or at least have the potential to mislead or deceive.


3. In Trade or Commerce

This conduct must transpire within the context of trade or commerce, encompassing a broad spectrum of business-related activities, including those within the sphere of employment.


False Advertising in Job Postings

A prevalent instance of misleading and deceptive conduct within employment revolves around false advertising in job postings. Employers who embellish job descriptions, qualifications, or salary expectations can mislead prospective job seekers. For example, if an employer advertises a position as having a competitive salary without mentioning that it is commission-based, this omission can be viewed as misleading and deceptive.


Promises of Job Security

Another situation where misleading and deceptive conduct may come into play is when employers make assurances of job security that they do not intend to honour. For instance, if an employer guarantees an employee that their job is secure but subsequently terminates their employment without valid reasons, this action can constitute misleading and deceptive conduct.


Concealing Information

Employers bear a responsibility to provide comprehensive and accurate information to their employees, particularly concerning workplace conditions, benefits, or potential risks. Failing to disclose workplace hazards or withholding significant alterations in employment terms can be construed as deceptive conduct.


The Role of Employment Lawyers in Perth WA

The role of the best Employment lawyers in Perth includes:


1. Identifying Misleading and Deceptive Conduct

Hire an Employment lawyer as they are essential in identifying and dealing with instances of dishonest and deceitful behaviour. Their knowledge helps them to carefully examine employment contracts, job postings, and other relevant papers to identify instances when clients may have come across dishonest activities.


2. Representing Employees

Employment lawyers intervene to represent workers in legal proceedings when they feel they have been the target of misleading deceptive conduct in Perth. This can include taking steps like filing grievances with the appropriate agencies, such as the Fair Work Commission or the ACCC.


3. Advising Employers

Employers can benefit from the helpful advice provided by Employment lawyers to help them comply with the law and avoid acting in an unfair or dishonest manner. They can examine employment agreements, rules, and procedures to assist companies in upholding ethical standards and openness within their businesses.


4. Negotiating Settlements

In some circumstances, employment lawyers may act as mediators in conversations between the parties to reach agreements, successfully settling issues involving misleading and deceptive conduct. These negotiated agreements frequently prove to be more effective in terms of both time and resources than protracted court disputes.


Challenges and Consequences

Demonstrating the intent to deceive is one of the noteworthy issues in situations involving misleading and deceptive conduct. The legal outcome of such matters may become more challenging when conduct is deceptive without obvious, unequivocal proof of malice. This complexity highlights the value of knowledgeable legal representation.


A variety of remedies and penalties may be imposed on people or organisations deemed responsible for misleading and deceptive behaviour. These could include monetary fines, injunctions to stop the misleading activities, and compensation orders to compensate wronged parties.


In order to acquire suitable remedies in keeping with the particular circumstances of the case, employment lawyers must advocate for their clients, whether they are employees seeking redress or employers defending themselves against baseless claims.


Recent Developments in Misleading and Deceptive Conduct

Let’s delve into the noteworthy developments regarding the enforcement of misleading and deceptive conduct laws:


1. Stricter Regulations by the ACCC

The Australian Competition and Consumer Commission has taken a proactive stance in enforcing laws against misleading and deceptive conduct. The ACCC has intensified its scrutiny of advertisements, aiming to curb deceptive online marketing practices by prosecuting offending businesses. These efforts underscore the evolving landscape of deceptive practices in the digital realm.


2. Gig Economy and Worker Rights

The emergence of the gig economy has prompted legal challenges regarding worker classification and employment rights. Some companies have faced legal scrutiny over classifying workers as independent contractors instead of employees. This has raised concerns about whether such classifications are misleading and deceptive, especially when workers are denied entitlements typically afforded to employees.



In Australia, deceptive and misleading behaviour presents a significant difficulty, particularly in the context of employment law. This problem puts the rights and welfare of both employees and employers in danger, highlighting the urgent need for a strong legal system to address these issues.


In Perth, employment lawyers play a crucial role in upholding the rights of their clients, whether they are looking for compensation for dishonest behaviour or legal advice to steer clear of it. We provide the most efficient Employment Lawyers in Perth WA to assist you in your legal journey and ensure peace of mind.

REQUEST A QUOTE NOW! Complete the form below for a fast response

  • I was referred to employment lawyers perth wa by a friend and that were fantastic my employer was very rude and refusing to pay me what was owed to me I really thankful to employemeny lawyers in perth who resolved my case withing 2 weeks I appreciate your efforts and reasonable fees

    Pahulpreet Singh
  • You are really great in terms of resolving legal employment matters in quick time with reasonable fees. Recommending as best employment lawyer in perth near me.

    Komal Kanyan
  • I can’t thank enough Employment Lawyers Perth WA for helping me out with my contract case. I got in touch with employment lawyers in Perth. Excellent service fron an outstanding professional team. The lawyer here was very honest and efficient in helping me to bring out of this problem. I highly recommend them.

    Mathew Kolil
Employment Lawyers Perth Wa Have Been Helping You Take Control Of Your Outcome.
Copyright © Employment Lawyers Perth. All Rights Reserved
Enquire Now
Call Us Now