We are collaborating with the National Union of Workers to bring a group action on behalf of individuals who have worked in direct sales marketing positions as independent contractors.
Our claimants working in direct sales marketing roles for Aida, Credico, Global Interactive and PCA Group report:
- working in excess of 60 hours per week;
- earning a wage well below the minimum wage; and
- not receiving overtime and other basic entitlements under the applicable award.
In collaboration with the National Union of Workers and international litigation funders, we are giving a voice to these claimants to be treated fairly and claim a fair wage.
When a company says that the people that work for them are independent contractors, but the company treats them like employees, it is called “sham contracting”.
If you signed an independent contractor agreement, this does not always mean that you are an independent contractor. You may be an employee if:
- you are being given specific directions about how to perform your work;
- you are required to work a set of standard hours;
- you were provided with the tolls and material to perform your role;
- your role was expected to be ongoing with promises of “career progression”;
- you could not promote your own brand separately when selling any products.
Based on our instructions, it appears that direct sales marketing workers in Aida, Credico, Global Interactive and PCA Group were likely miscategorised as independent contractors and should be recognised as employees.
If you are an employee, you are entitled to certain benefits that independent contractors are not, including:
- a minimum wage;
- sick leave, annual leave and leave loading (where applicable);
- superannuation contributions from your employer;
- other entitlements like travel allowance, meal allowance, living away from home allowance, uniform allowance etc.
Employment disputes like this one can take 12 to 18 months to get a result, and may require the dispute to be heard in court so that a judge can decide the outcome.
Your journey from here will look like this:
- Register your interest with us.
- You will be asked to provide us with some personal information, including your email, so that we can get in touch with you.
- You are also welcome to provide any supporting documentation you have when submitting your expression of interest.
- After your claim is verified, we will send you a funding agreement and a retainer. The funding agreement will explain how the action will be funded. The retainer will appoint Adero Law as your solicitors.
- We may contact you from time to time to obtain more information regarding your circumstances or to provide you with assistance to understand your entitlements.
- We will tell you when any claim is filed, and keep you updated about the progress of the matter from time to time until an outcome is reached.
- If you have any questions at all, please email us at firstname.lastname@example.org or call 02 6189 1022. We are happy to help you.