Brian , you will recall that the threat of violence from Leon Logan necessitated my talking to the police. If I found it necessary to seek a restraining order against Leon and if this happened and you conveyed the threat, what have you done to protect me? Possible Return to Office During our phone call you asked when I would return to the office at the factory. The reason that I am not there now and have not been there for sometime is because of threat of physical violence. For me to answer the question I would need to know how I can be safe in an environment with Leon Logan. The existing contract with him seems counterproductive in this regard. In relation to the bullying comment during the discussion. My behaviour has changed because our company has been heading into insolvency and is not insolvent. This requires me to be more focused on paying our bills and organising jobs to satisfy this need. From: "Brian Merritt" <Brian.Merritt@buoys.com.au> To: "Maggie Marriott" <maggie@buoys.com.au> Cc: "brianmerritt@optusnet.com.au" <brianmerritt@optusnet.com.au> Sent: 16/07/2019 10:24:47 AM Subject: Independent Contractors, Employees and Smart Buoy's legal responsibilities Maggie You stated yesterday that you were working on updating the payroll on MYOB and intended to change our Independent Contractor over to be an employee for payroll purposes and with Smart Buoy Co responsible for their Superannuation. Please read these points carefully and per your request to me for a Director's Instruction, please follow my instructions. 1. You made a verbal agreement between Smart Buoy Co and Wimmera Queen Boat Sales, for the supply of qualified and experienced labour to the manufacturing division of Smart Buoy Co. 2. A verbal agreement is a verbal contract, enforceable in the same way as a written contract. 3. That verbal contract was reinforced with a written contract, on advice from our former Accountant - Mr Peter Rutley, as Smart Buoy Co may if challenged, be held responsible for the payment of Superannuation for the independent contractor, if there wasn't a written contract in place. On advice of our Accountant, your verbal contract needed to be backed up with a written contract, which specifically stated the independent contractor was responsible for Superannuation. 4. Smart Buoy Co had an employment contract with Sureway Employment, which from the conditions of that contract, stated our employee cannot be employed outside of that agreement. 5. Per point one above, Smart Buoy Co had a separate contract with Wimmera Queen Boat Sales, which as an entity and not an individual, ensured that the contracted work to Beacon Boat Sales, did not in any way interfere with or contravene the contract conditions of the agreement between Smart Buoy Co and Sureway Employment.
Page 16 of 26
Made with FlippingBook interactive PDF creator