VIC Independent Contractor - Dismiss Them Without Notice?

[Matthew Jarre]

Hi,

If I have an independent contractor working for me with only a verbal contract for an ongoing service can I end this principle - independent contractor relationship immediately? There is only verbal agreement that this independent contractor brings in sales and receives a 15% commission. There was no agreement on termination or length of contract or anything else other than the above.

Thanks.

 

[Sophea]

Hi Matthew, the distinction between employees / independent contractors and their respective rights can get a big hazy. The Fair Work Act protects independent contractors in addition to employees from adverse action, coercion and abuses of freedom of association.

Check out the following gov information on independent contractor rights:
Help for independent contractors - Fair Work Ombudsman
Protections at work – Employee entitlements – Fair Work Ombudsman

 

[Matthew Jarre]

Thanks, Sophea.

his is definitely an independent contractor under the criteria used to identify an independent contractor. I am unhappy with this independent contractor because of the service they are providing is lacking and also because there has more recently been a big conflict of interest when working with a competitor in the same industry.

I want to end the contract as painfully and quickly as possible before any more damage is done. I have already addressed the underperformance issue and also the conflict of interest but that hasn't resulted in any solutions. Without any agreement in place for the length of the contract, it was just simply an ongoing thing. Can I walk away from it immediately based only on the above information?

 

[Serge Gorval]

Hi Matt, hope you mean painlessly as possible.

if the contract remains silent on notice of termination, the courts consider that the contract can be terminated without cause for "reasonable notice" how long has the contract been in operation ?

 

[Tim W]

If your "contract" was that flaky then it might not be a contract at all.
You may find that your guy would be held to be a casual employee, albeit paid on commission.

Is this the same "agent" you asked about in your earlier posts?