Western Australian Industrial Relations Commission

Contract of employment was a sham!

The Commission has dismissed a denied contractual benefits claim after finding that the contract of employment that existed between the parties was a sham directed toward fooling the Commonwealth Department of Immigration.

Commissioner Matthews found that although the contract of employment between the parties contained the terms that the applicant was to be employed full time and to receive $61,000 per annum, which is $1,173.08 per week, a side agreement that existed between the parties evidenced that the applicant was in fact a casual employee who worked for $25 per hour. Further, Matthews C found that where the applicant earned less than $1,173.08 per week he would refund the difference to his employer.

Matthews C dismissed the application on the basis that there was no contract of employment to enforce as the purported contract was no more than a sham.

The decision can be read here.

Contact Us

Western Australian Industrial Relations Commission
17th Floor
111 St Georges Terrace
PERTH WA 6000

Phone : (08) 9420 4444
Facsimile : (08) 9420 4500
Free Call : 1800 624 263

Free Fax :1800 804 987

Email : Registry

 

You are here: Home > News > Contract of employment was a sham!