Hello to all the community members.
I am an employer who hired a guy one year ago under an employment agreement as salesman of services.
He is in a student visa (work limitation).
The contract duration was 6 months. Straight after the 3th day he refuse to show himself in the office because he says he need to do another job in construction (totally different field) because they pay him cash hand much more than my wages plus commission.
So we orally agreed to continue the work relationship based on commission basis whe he convert a customer in a contract.
He make some sales, and he sent me some invoices for his commission, until one day (about 3 month after he signed the original contract) he get crazy and we decide to end the work relationship.
I sent him an official "letter of termination of work relashionship" ( not an "employment termination")
Now, after one year, he complain to the fairwork claiming 3 month of part time unpaid wages plus annual leave based on a different award for the period when he signed the contract until my letter of termination.
This guy stepped in the office for the entire period only a couple of time to show to his perspective clients that he has an office, or for a couple of training, for a less than 5 times in 3 months and every time for less than an hour.
My employed staff is a witness, because they are the only people that stay in the office the entire day.
But I'm afraid it will not be enough for the fair work.
How do you suggest to handle this lies? It is not fair to pay somebody based on a contract that was never put in action.
Thanks
I am an employer who hired a guy one year ago under an employment agreement as salesman of services.
He is in a student visa (work limitation).
The contract duration was 6 months. Straight after the 3th day he refuse to show himself in the office because he says he need to do another job in construction (totally different field) because they pay him cash hand much more than my wages plus commission.
So we orally agreed to continue the work relationship based on commission basis whe he convert a customer in a contract.
He make some sales, and he sent me some invoices for his commission, until one day (about 3 month after he signed the original contract) he get crazy and we decide to end the work relationship.
I sent him an official "letter of termination of work relashionship" ( not an "employment termination")
Now, after one year, he complain to the fairwork claiming 3 month of part time unpaid wages plus annual leave based on a different award for the period when he signed the contract until my letter of termination.
This guy stepped in the office for the entire period only a couple of time to show to his perspective clients that he has an office, or for a couple of training, for a less than 5 times in 3 months and every time for less than an hour.
My employed staff is a witness, because they are the only people that stay in the office the entire day.
But I'm afraid it will not be enough for the fair work.
How do you suggest to handle this lies? It is not fair to pay somebody based on a contract that was never put in action.
Thanks
