INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN THE PARTIES:
- Work Law Limited (“the Company”)
- The Below Signed (the “Contractor”)
The company wishes the Contractor to undertake the services of an Employment Advocate on all cases referred to the Contractor
The Contractor has agreed to provide the company with the services of an Employment Advocate
The parties wish to record the terms of their agreement in this Contract.
AGREEMENT BETWEEN THE PARTIES
1. Term of this Agreement
1.1 This Agreement commences immediately and will continue in force until further notice or until it is terminated in accordance with the terms of this Agreement.
2. Independent Contractor
- The Contractor is engaged as an independent contractor and nothing contained or implied in this Agreement shall create a relationship of employee/employer, principal/agent or a joint venture or partnership of any kind between the company and the Contractor
- The Contractor shall be responsible for their own liability for GST, income tax and ACC levies.
3. Contractor’s Responsibilities
The Contractor will:
- Provide the services required in this Agreement in a competent, professional, prompt and efficient manner.
- At all times act in a courteous manner with the company and its contractors, clients, MBIE staff and all other parties associated with each case.
- New advocates may be required to attend mediation with employers with their managing advocate or another senior approved advocate as direct This is part of the assessment process
- If you require support of a senior advocate at mediation the attending senior advocate will be entitled to 20% of the advocate’s fees for settlement.
All contracting advocates must:
- Comply with any reasonable directions given by the company to the Contractor
- Comply with all time limits and deadlines which are directed by the company, Clients should be contacted by telephone within 24 hours of receiving the referral.
- Before acting for a client obtain acceptance of Terms of Engagement and Authority to Act documents
- Where possible, support other advocates within the company network and supply support when requested where the contractor has a specialised knowledge in an appropriate area of law. The advocate being supported will offer a percentage of the case where the support given is extensive and includes attendance at mediation.
- Any intellectual property of Work Law Limited may only be used where necessary and as authorised by the company.
- The Contractor shall at their own cost supply all equipment required to perform the services required by this Agreement (including telephone, cell-phone, internet-enabled computer) and ensure that all equipment is well maintained and capable of performing the services required.
- Keep Work Law Limited updated on workload and availability, and on progress of cases that have been assigned. Updates and case notes are expected to be kept in our case management system. Settled or abandoned cases need final notes in the case management system.
- This Agreement is personal to the Contractor
- The Contractor will not enter into any arrangements with third parties on behalf of Work Law Limited. Accordingly the Contractor must perform all of the duties and obligations under this Agreement, unless he or she obtains the prior written approval of Work Law Limited to engage someone else (including an employee of the Contractor) to complete the work.
- The Contractor will not do anything which jeopardises or harms the reputation of the company or bring the company into disrepute. The Contractor must remain polite and professional to Work Law clients at all times.
- Project a professional image, meet in a business like environment and dress in business attire when representing Work Law Ltd.
- The Contractor agrees to indemnify the company in respect of any loss or damage arising as a result of the Contractor’s negligent acts or omissions during the course of this Agreement and the conduct of cases referred to the Contractor
4. The Company‘s Obligations
The company shall:
- Check all clients and decline to accept cases on any grounds including but not limited to prospects of success, insufficient information, or being vexatious.
- Complete detailed client interview sheets and gather relevant documents that support a client’s potential case when practical.
- Communicate its directions to the Contractor efficiently and clearly, including deadlines such as the 90 day clause.
- Pay all accounts within three working days of receipt of fees.
- Maintain and update website keeping up to date with latest information on legislation policy and the company’s material
- Offer assistance to the Contractor on matters of procedure policy and such other information as the company may generally supply from time to time
- Maintain good communication and supply a contact list of specialist advocates and support network.
5. Payment to Contractor
- The Contractor may at his or her own discretion, reduce the settlement fees apportioned to their own settlement fee in so much as no reduction, variation or alteration to their fee results in an unauthorised reduction, variation or alteration of the fee owed to the company
- The company will be entitled to audit the Contractor’s work to ensure that the work is being completed to a satisfactory standard. Such an audit may occur at any time
- No invoice will be paid without an invoice from the contractor
- No payment will be made or is due until the fee is deposited cleared funds in the Company’s bank account unless there is an arrangement made by the employer to pay off the settlement which payments will be made in the usual manner at the contractor’s percentage as the payments are cleared.
It is the responsibility of the Contractor to ensure a copy of the settlement document is obtained
- This includes:
A settlement obtained prior to the involvement of Mediation – whether that settlement is obtained between an employer and an employee and their representatives; or between an employee and employer and their representatives with the assistance of a private and independent mediator engaged by the parties; or
- A settlement obtained between an employee and employer and their representatives with the assistance of the MBIE Mediation Services
- A Determination issued by the Employment Relations Authority
6.1 Neither the Contractor nor the company are able to assign their rights or otherwise dispose of their interest in this agreement without obtaining the prior written consent of the other party. Such consent shall not be unreasonably withheld.
The company may terminate this Agreement if:
- The Contractor commits a breach of the Agreement.
- The Contractor is a company that enters into any arrangement with its creditors or enters into liquidation, or becomes subject to the appointment of a receiver; or
- The Contractor as an individual commits an act of bankruptcy.
- The Contractor does anything which causes or is likely to cause substantial damage to the business or reputation of the company.
- Where, due to the ill health of the Contractor the work required to be done under this Agreement has fallen behind schedule to such a degree that the Assignment cannot be completed by that Contractor within a reasonable time frame, or where the work has not been completed to a satisfactory standard.
- The company reserves the right to withhold or re-apportion payments due on the basis of termination as the result of any breach to this agreement.
- The Contractor may terminate this Agreement by giving notice in writing to the company if:
- The company has not paid the Contractor’s invoice for more than 5 working days after any payment is due, unless the company has given notice within 3 working days of receipt of the invoice that there is a dispute over the payment; or
- The company has breached any of the terms of this Agreement and fails to remedy the breach within 14 days of notice in writing from the Contractor requiring the breach to be remedied.
- If this Agreement is terminated the termination of the Agreement does not prevent either party from pursuing any rights or remedies available to them prior to the termination of the contract.
- Notwithstanding the foregoing clauses herein either party may terminate the Agreement by giving notice in writing.
- The Contractor shall not disclose any confidential information of the company to any third party.
- On termination of this Agreement the Contractor will immediately return to the company all electronic information, records, papers, client files including all documentation relevant to such files or any other property in their possession belonging to the company. All clients contracted to the company will remain the company’s clients and no files are to be witheld
9. Dispute Resolution
9.1 Any dispute between the parties regarding the interpretation of this Agreement or the rights or obligations of either party under the Agreement or anything connected with the Agreement (including the contractor’s liability to the company for damages resulting from the contractor’s negligence) shall be referred to mediation in the first instance. Such mediation may be initiated by either party in writing to the other party identifying the dispute which is being suggested for mediation. The parties will agree on a suitable person to act as mediator or will ask the Arbitrators’ and Mediators’ Institute of New Zealand Inc or LEADR to appoint a mediator. If the matter cannot be resolved between the parties it shall be the subject of arbitration in accordance with the provisions of the Arbitration Act 1996 or any amendment of that Act.
10. Contractor’s Remuneration
The contractor shall receive remuneration pursuant to this agreement of 60% commission of the fees charged plus GST where the contractor is registered for GST.
Where the contractor is not registered for GST the remuneration shall be 60% commission and the GST applicable shall be paid by the Company to IRD.