Our Employment Law services includes things like:
- Drafting employment contracts, terms and conditions
- Providing representation for cases of unfair dismissal
- Drafting and negotiating the resolution of industrial and workplace disputes
- Offering advice for workplace contracts, including financial advice for termination of employment
- Offering advice regarding employee and company taxation concerns
- Drafting and negotiating enterprise agreements
- Bullying in the workplace issues
- Drafting terms and conditions of internet and email usage
- Discrimination and harassment issues
Just in case.
A lender adds a new member to their team to sell mortgages. The mortgage broker is not an employee, but is given the title of independent contractor.
The contractor enters in to a commission-only arrangement with the lender. He is required to attend meetings, training, and perform work for which he receives no payment, as the work performed does not result in a loan being taken out so is not subject to commission.
It could be argued that the relationship traits are more akin to those of an employer/employee. If it is found that the lender has entered in to a sham contracting arrangement in an attempt to avoid paying a minimum weekly base salary, they will incur strict penalties.
Workclaims Australia recommend that companies take seriously the issue of circumstances where they are vulnerable to accusations of sham independent contractors. We can help with all areas of employment contract law.
