Want to bill as a contractor but employer wants to put me on as a casual

Ljuduckiee on 26/10/2020 - 16:32

I joined a research project under the assumption that I would be billing them as a contractor (job is nearing the end). However, they are now saying that I should be paid as a casual employee. Their reasoning is that there is another person with similar duties to me who will be employed as a casual staff member (they don't have an ABN) and "It would be hard to justify 2 types of engagement, based on the same work.". AFAIK, this person did not do any field work whereas I have. I didn't have set hours, used my own equipment, ever even met them in person… I have not billed them and they have not put me on the books yet to get any type of compensation yet.

Do I have any options or recourse? I would like to bill them instead of engaging as a casual. I don't have a contract either of employment condition as it was agreed from my expertise that they needed me. That would be my bad in hindsight.

Education & Work

Comments

  • MrHyde on 26/10/2020 - 16:35
    +5

    Why would you have started any sort of work without a contract in place? These sort of things should be agreed in written form with both parties signing the paper before work commences.

    • juduckiee on 26/10/2020 - 16:43

      I wasn't worried that the lead investigator was trying to mislead me or anything but they were advised by HR almost a year later of the processes/bureaucracy.

      • Seraphin7 on 26/10/2020 - 19:08

        A YEAR LATER ?!?!?

        Have actually been working for a year without getting paid? Are you sure you're going to be paid at all, let alone on contract vs. casual?

      • MrHyde on 26/10/2020 - 19:30

        What would you do if the lead investigator quits the job or is no longer employed at the location. Without a written contract in place; the company could easily go that they don't have to pay you anything and whatever the lead investigator told you was without approval or authorisation.

        We faced a similar scenario - although we had a signed acceptance of quotation by Head of a department. He left. Company said he was not authorised to sign it. Because we had a signed written document, we easily won in court and recovered full amount - but it took more than a year to do so. Now, we require a Purchase Order from the finance department in additon to signed contract by the head of the department engaging us.

        I just feel you've taken a massive risk doing work for a year without any written contract and it can go south very quickly. An email quotation is nothing if not with a written acceptance to go along with it.

  • stirlo on 26/10/2020 - 16:36

    How is being a contractor better for you? Wouldn't they have to cover your super and workcover premiums as a casual vs you paying them as a contractor?

    • Switchblade88 on 26/10/2020 - 16:47
      +2

      Billing out for $10k in labour, tools etc + tax deductions

      versus

      40 hours of work at $25/hr and then not getting another cent after they're finished

    • juduckiee on 26/10/2020 - 16:51

      Personal preference but also have a main employer already, don't need them to force me into using their own super account, casual rate would be lower than what was initially agreed on.

      • Gunther on 26/10/2020 - 18:26
        +1

        "force me into using their own super account"

        https://www.superguide.com.au/comparing-super-funds/super-fu…

        Important: It is illegal for your employer to try to influence your choice of super fund.

        Unless your employer holds a financial services licence, it is also illegal for your employer to provide you with any information about a super fund other than factual information, or information regarding the default super fund your employer has selected.

  • whooah1979 on 26/10/2020 - 16:42

    I would be billing them as a contractor (job is nearing the end).

    I see what you're doing here. It looks like a one way ticket to jobkeeper.

  • Switchblade88 on 26/10/2020 - 16:58

    I would like to bill them

    If you've been engaged to work because of your expertise, not your labour, then that's good grounds for being a contractor - especially if you've supplied your own tools and not had fixed hours of work.

    "It would be hard to justify 2 types of engagement, based on the same work."

    Rubbish. Besides, if you didn't have contracts/paperwork at signup giving you an hourly rate, casual info etc and the like, then they'd be in breah of FairWork for not doing so WHEN YOU STARTED. If you were (rightly) assuming a contract and invoicing at completion, then they're in the clear.

    If an electrician comes to do work in my shop and I offer to pay them 'as a casual', they'll laugh at me all the way out the door.

    • juduckiee on 26/10/2020 - 17:08

      Thanks. I really fail to see how I am a casual employee but very good points about not having any information as a casual employee as well which would be an employer responsibility!

  • bobbified on 26/10/2020 - 17:05

    So them most important thing is, is the final amount you get paid going to be the same regardless of whether you bill as a contractor or casual?

    • juduckiee on 26/10/2020 - 17:10

      It will be less as a casual…

      • bobbified on 26/10/2020 - 17:22
        +1

        Did you agree on the rate you'd charge at the beginning? That's what I would be bringing up.
        And hopefully you've got it in writing too! If you don't, well, it's going to be your word vs theirs.

        • juduckiee on 26/10/2020 - 17:26

          Yes upon further investigation of my emails I did find an original quote per hour. The rest was in verbal conversation but I recently found out when I asked when it came to billing if I bill by hour and was informed it would just be a lump sum because they took into how many hours it would take (verbally though).

  • myusername on 26/10/2020 - 17:10

    assumption

    never ass-u-me

  • Hardlyworkin on 26/10/2020 - 20:04
    +3

    Tell them that you are concerned that if you are a casual then the company has contravened the Fair Work Act. Did they for example provide you with a Fair Work Information Statement? Have they paid you at least monthly?

    If the answer is no, there is your bargaining chip on why you should be a contractor.

    Regardless you should put something in writing explicitly stating that it is a contractor scenario and that you would not have agreed to an employment relationship.

Login or Join to leave a comment
Login Join