A story on a case won by a recruitment consultant on unpaid commissions. A key take out of the details is the fact that a general document does not necessarily form part of the employment or engagement contract, regardless of what is said at the time.
MedicoHR Admin
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Consultant wins $58,000 in unpaid commissions
Sydney IT recruitment company Geller & Associates has been ordered to pay a former consultant more than $58,000 after a court found it withheld commission payments and mishandled his superannuation contributions.
In a decision handed down in the New South Wales Supreme Court this week, Justice David Davies said the consultant had been employed by Geller & Associates from March to November 2007.
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An important article discussing the responsibilities of organisations whom on-hire staff to a host employer. This would include individuals working through their own company structure, as, legally, there are few differences. Hope you find it useful.
MedicoHR Admin
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The new national model OHS law will provide greater clarity and focus on the duties of recruitment companies and host employers in a labour hire arrangement, says specialist OHS lawyer Michael Tooma.
Tooma, a partner with Deacons, told a webinar for Shortlist’s sister publication OHS Alert today that the draft Model Safe Work Provisions expressly listed “labour hire worker” among the model definitions of worker for the proposed legislation.
News today of another Australian co-employment (or joint-employment in the USA) test case. Commonly, these cases occur when there is a dispute and a party, often the contractor or employee, applies to include both the agency and host employer as respondents to the claim. This means both organisations will be drawn in to the claim if successful.
MedicoHR has significant experience in this area and can assist agencies and organisations with policies and procedures aimed at mitigating risks associated with co-employment. Contact Us today to discuss.
Former IPA temp wins first battle in crucial legal challenge
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We receive a lot of queries from employers and professional contractors around the issue of Personal Services Income (PSI) legislation and the impacts it may have for the way they are working with organisations, and visa versa. We attempt to educate on the issue as much as possible in our general information and when contacted, however it is always helpful to view current, real life examples of PSI rulings and legislation in action.
Below is an excerpt from a great legal newsletter on the topic recently:
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Hello to all. As you can see from the website updates, we’ve made a lot of progress combining our information, blogs and login details to make life easier. Check back regularly on the blog for important information and updates pertaining to general contracting, PEO industry info and regulatory changes which affect you, such as tax and contract information. We look forward to helping you as much as we can and welcome any feedback you have. Also we are using twitter for reminders and short info bursts, so we encourage you to follow us online and on your mobile. All the best.
MedicoHR Admin