Employer making contract worker pay insurance excess

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Natalie S

Member
13 March 2025
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My husband was working as a sub-contractor for a hirer care company. The hire car company has a contract with Department of Veterans Affairs in NSW to transport Veteran's to medical appointments. When he was advised he had the job there was no contract signed, or paperwork given in regard to the role etc. He was given a Hire Car that the company owns to complete his job. He ran up the back of another car during his working day and caused damage to the hire car and car in front. He was advised by the owner of the company that he would have to pay the $1000 excess and that it will be deducted from the work he invoiced to them each week. Is this correct? He has had his invoice payment garnished each week and his last invoice payment, after resigning, a payment of $750.00 was taken as that was what the balance that was owed. He was never given any paperwork to prove that the excess was this amount or signed any legal document stating that he was responsible. Any help would be great.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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833
2,894
Sydney
His employer wants to pretend that your husband is an outsource provider,
not an employee.

So, treat the the guy like one.
Have your husband him treat the unpaid (supposedly "withheld") amounts of his bills
as though they were any other unpaid debt between businesses.
Follow up, chase, sue.