We have an independent contractor, who has been facilitating in our RTO (registered training organisation) for 3 and a bit years, as well as doing other work outside of our teaching schedule, which is around 70 days per year with us. He teaches in one of our venues in another state, only marks the work in class and doesn't do any follow up or resubmission marking.
He does consulting for other companies, is setting up his own business and teaching for another training provider. Due to him fundamentally breaching his contract, we were required to terminate him. We do not believe he meets any area of employment, due to him working for others, invoicing us after each week, teaching in his own style, choosing the dates around other commitments and being paid well above award wage, as a facilitator.
He is planning to take us to Fair Work Australia and wants a copy of his independent contractor agreement, which he is calling his employment contract. I have been told by our lawyers that we are not obliged to hand over a copy of his agreement, as it is up to the independent contractor to keep a record of this, only if he was an employee would we have an obligation to hand a contract over.
Can you please confirm under common law if this is the case please, as we don't want to do the wrong thing but we also have had a lot of serious breaches he has committed and need to treat him as the contractor that he was signed up to be?
Your help would be very much appreciated.
He does consulting for other companies, is setting up his own business and teaching for another training provider. Due to him fundamentally breaching his contract, we were required to terminate him. We do not believe he meets any area of employment, due to him working for others, invoicing us after each week, teaching in his own style, choosing the dates around other commitments and being paid well above award wage, as a facilitator.
He is planning to take us to Fair Work Australia and wants a copy of his independent contractor agreement, which he is calling his employment contract. I have been told by our lawyers that we are not obliged to hand over a copy of his agreement, as it is up to the independent contractor to keep a record of this, only if he was an employee would we have an obligation to hand a contract over.
Can you please confirm under common law if this is the case please, as we don't want to do the wrong thing but we also have had a lot of serious breaches he has committed and need to treat him as the contractor that he was signed up to be?
Your help would be very much appreciated.