We have a B2B contract with an IT service provider which states something along the lines of; "you may not approach XXXXX employees to work directly for you". We have had a person on site for 6 months as part of this contract with XXXXX. This person is working as a contractor for a 3rd party - BBBBB. Then BBBBB contracts him to XXXXX. The person is not an employee or owner of BBBBB. BBBBB pay his superannuation and fees, etc. We want to employ this person but XXXXX say he is an employee of XXXXX and want to charge us a fee. Our view is that he contracts to BBBBB so is not an employee of XXXXX. Where do we stand on this?