NSW Invoice from a Labour Hire Agency - Should I Pay?

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wmspec

Member
16 August 2018
2
0
1
NSW
I applied for a machinery operator job through a labour hire agency and made it through the interview stage. In the interview, I was asked if I was under 120kgs as it was a requirement I be at or under this weight as the seats in the machinery are only rated up to 120kgs. I don't have access to scales and assumed I would be under so I told the recruiter I should be fine with that, at which point the recruiter said the weight limit is a deal breaker.

A medical examination was booked as the next stage of the recruitment process. The medical was in 3 stages. A drug and alcohol screen followed by a medical examination by a doctor then an appointment with a physio to test my endurance.

I completed the drug and alcohol screen then attended the examination with the doctor at which point I was put on the scales and weighed in over the limit by 3kgs. As I was told the weight limit was a deal breaker I was of the assumption that the 3kgs over was an instant fail of the medical and that there was no point in attending the following physio appointment so I didn't attend it.

The recruiter called me the next day and asked how my medical went. I told him I was over the weight limit at the medical exam so decided not to attend the physio appointment because I knew it was already an instant fail. The recruiter was not happy that I did not attend the physio, he said i would have had an option to try lose the weight before starting the role.

I was not aware of this prior and was still under the impression that because I was over the weight limit it was a deal breaker as this is what I was told in the interview. The agency has now sent me an invoice asking me to pay for the physio appointment that I had missed.

I was not notified of what would result in my failure to attend the physio appointment. I signed no documentation or was aware of any terms or conditions that would leave me paying a bill for my failure to attend said appointment.

I thought I was doing everyone a favour and not wasting their time by pursuing a medical that in my mind I knew I had failed.

Should I pay this invoice?
 

Rod

Lawyer
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27 May 2014
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Hmm, not straight forward.

You never agreed to pay. However, you knew the weight requirement, it is easy for you to ascertain your weight, you agreed to take the tests, you failed to turn up.

You didn't know there would be a fee, but by the same token you didn't notify anyone you were withdrawing.

The company incurred a loss because you failed to fulfil your end of the agreement, regardless of whether you knew they were paying or not. Especially as losing 3 kilos is easy to do, unless you have a medical condition.

Seems reasonable for you to reimburse the company, at least some of the money. Suggest you make an offer to pay 50%.
 

wmspec

Member
16 August 2018
2
0
1
NSW
Hmm, not straight forward.

You never agreed to pay. However, you knew the weight requirement, it is easy for you to ascertain your weight, you agreed to take the tests, you failed to turn up.

You didn't know there would be a fee, but by the same token you didn't notify anyone you were withdrawing.

The company incurred a loss because you failed to fulfil your end of the agreement, regardless of whether you knew they were paying or not. Especially as losing 3 kilos is easy to do, unless you have a medical condition.

Seems reasonable for you to reimburse the company, at least some of the money. Suggest you make an offer to pay 50%.

Thanks for your reply :)