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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44137
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We have a signed agreement with a chap who is a disability

Customer Question

Hi , we have a signed agreement with a chap who is a disability pensioner as a caretaker a small Caravan Storage business. He is available as required through 6 days per week when there might be movements in or out of storage, might average two per day. His duties are keep the area in use tidy and free of weeds (poison under vans, ride on mower for grassed areas). Induct customers as they come and open the gate for those when wish to exit.
This man is married and wife also on a pension. We compensate the man with 10% of the gross take which equates to about $600 per month, plus they have a small cottage free of rent, free electricity and free water.
I believe this person is now unhappy with this arrangement and has threatened to sue for extra compensation mentioning big dollars. Where do we stand as we believe he agreed to this package and there is limited total hours needed to accomplish required tasks. This man has been in this capacity as caretaker for about 15 months. Appreciate your comments and assistance.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Based on the hours that he does, how much is the whole package worth?

Have your worked out what his accommodation is worth his utilities etc?

If you do not meet the minumum hourly rate set by fair work you may have a problem.

To cover yourself you should contact Fair Work and see if there is an award under which he is covered and see if you meet the standards of that award.

Their website is as follows:

If your calculation meet the requirements of the award, if there is one, or the minimum wages then you are ok.

If not then you may owe him the shortfall.

But you have to quantify it all.