All emails, documents, images or other recorded information held or used by Employment Matter Sorted Limited is Personal Information as defined and referred to in clause 13.3 and therefore considered confidential. Employment Matter Sorted Limited acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” then the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Employment Matter Sorted Limited acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by Employment Matter Sorted Limited that may result in serious harm to the Client, Employment Matter Sorted Limited will notify the Client in accordance with the Act and/or the GDPR.  Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law. 

Not withstanding clause 13.1, privacy limitations will extend to Employment Matter Sorted Limited in respect of Cookies where transactions for purchases/orders transpire directly from Employment Matter Sorted Limited ’s website.  Employment Matter Sorted Limited agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s: 

1. IP address, browser, email client type and other similar details; 

2. Tracking website usage and traffic; and 

3. Reports are available to Employment Matter Sorted Limited when Employment Matter Sorted Limited sends an email to the Client, so Employment Matter Sorted Limited may collect and review that information (“collectively Personal Information”) 

In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via Employment Matter Sorted Limited ’s website.    

The Client authorises Employment Matter Sorted Limited or Employment Matter Sorted Limited ’s agent to: 

1. access, collect, retain and use any information about the Client; 

   1.1 (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or  

   1.2 for the purpose of marketing products and services to the Client. 

2. disclose information about the Client, whether collected by Employment Matter Sorted Limited from the Client directly or obtained by Employment Matter Sorted Limited from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client. 

Where the Client is an individual the authorities under clause 13.3 are authorities or consents for the purposes of the Privacy Act 1993. 

The Client shall have the right to request Employment Matter Sorted Limited for a copy of the Personal Information about the Client retained by Employment Matter Sorted Limited and the right to request Employment Matter Sorted Limited to correct any incorrect Personal Information about the Client held by Employment Matter Sorted Limited. 

Employment Matter Sorted Limited – Terms and Conditions of Trade

Definitions

“Employment Matter Sorted Limited” means Employment Matter Sorted Limited, its successors and assigns or any person acting on behalf of and with the authority of Employment Matter Sorted Limited.

“Client” means the person/s or any person acting on behalf of and with the authority of the Client requesting Employment Matter Sorted Limited to provide the Services as specified in any quotation, order, invoice or other documentation, and if there more than one person requesting the Services is a reference to each person jointly and severally.

“Services” mean means all Services (including, strategies, diversity planning and advice, etc.) provided by Employment Matter Sorted Limited to the Client at the Client’s request from time to time, and includes any goods, documents, plans, or aids supplied, consumed, created or deposited incidentally by Employment Matter Sorted Limited in the course of it conducting, or providing to the Client, any Services.

“Documentation” means any documents, schedules or plans supplied, consumed, created or deposited incidentally by Employment Matter Sorted Limited in the course of it conducting, or supplying to the Client, any Services.

“Financial Settlement” means any payment made by the other party and received by the Client, including but not limited to:

• payments of outstanding wages and holiday pay that are in dispute; and

• payments made “in lieu of notice” not currently on offer due to either the Client’s employment contract or at risk of forfeit due to potential dismissal;

• payment made to compensate for loss of wages;

• compensation payments;

• payments made to reimburse the Client for any expenses relating to or resulting from the employment dispute; and

• penalties awarded by the Employment Relations Authority (“ERA”) that are payable to the Client.

The term Financial Settlement does not refer to any payment made by the other party of any wages or holiday pay that was not under dispute; and/or as a result of an order made buy the ERA relating to penalties awarded by the ERA that are payable to the Crown.

“Fee” means the Fee payable for the Services as agreed between Employment Matter Sorted Limited and the Client in accordance with clause 3 of this Agreement.

“Business Day” means a day on which the major trading banks are open for normal business to be conducted, excluding a Saturday, Sunday or public holiday.

“Personal Information” means name, address and/or any registered office address, any relevant ABN, business names and/or ACN and company details, telephone number, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable).

Confidential Information” means:

• the terms of this agreement and their subject matter;

• any information, statements, contracts, agreements, specifications, reports, accounts, knowledge, information concerning the affairs of the Client; or

• information which by its nature or by the circumstances of its disclosure, is or would reasonably be expected to be regarded as Confidential Information at any time disclosed (whether in writing or orally); but

• does not include information that is in the public domain otherwise then as a result other than by a breach of this agreement by the Client or their agents;

• including but not limited to, Personal Information.

“Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the Client’s computer. If the Client does not wish to allow Cookies to operate in the background when ordering from the website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Services via the website.

“Agreement” means this Agreement including any Fee Proposal, schedule and any other agreement expressed to be supplemental to this Agreement and all other amendments to such a document.

Acceptance

• The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client requests or accepts Services provided by Employment Matter Sorted Limited.

• These terms and conditions may only be amended with both parties’ consent in writing and shall prevail to the extent of any inconsistency with any other document or Agreement between the Client and Employment Matter Sorted Limited.

• None of Employment Matter Sorted Limited ’s staff are authorised to make any representations, statements, conditions or agreements not expressed by Employment Matter Sorted Limited in writing, nor is Employment Matter Sorted Limited bound by any such unauthorised statements unless they are expressly agreed to in writing by the Director of Employment Matter Sorted Limited.

• Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

• The Client acknowledges and accepts that Employment Matter Sorted Limited will communicate electronically (email), unless otherwise instructed and Employment Matter Sorted Limited will fully comply with all requirements under the Unsolicited Electronic Messages Act 2007. The Client accepts this form of communication maybe subject to inherent hazards in electronic distribution and as such Employment Matter Sorted Limited cannot warrant against delays or errors in transmitting data between the Client and Employment Matter Sorted Limited , and the Client agrees that to the maximum extent permitted by law, Employment Matter Sorted Limited will not be liable for any losses which the Client suffers as a result of internet interruptions beyond Employment Matter Sorted Limited ’s control that may cause delays or errors in transmitting instructions and/or confirmations.

Employment Matter Sorted Limited ’s Obligations

• Employment Matter Sorted Limited warrants that it has the necessary skills, competence, and experience to undertake and complete the Services and shall at all times apply such skills, competence and experience in performance of the Services.

• Employment Matter Sorted Limited accepts that it shall be appointed, and shall be entitled to act, as the Client’s agent for the purposes of the term of this Agreement.

• If the Client shall instruct Employment Matter Sorted Limited to change the scope of the Services, Employment Matter Sorted Limited shall promptly notify the Client in writing of any variation in Fees pursuant to clause 5.2 of this Agreement. The Client agrees that additional fees may be payable.

• Employment Matter Sorted Limited shall keep full records of the Services provided in the manner determined by Employment Matter Sorted Limited, and shall provide to the Client with updates with respect of the Services at the time and in the manner determined by Employment Matter Sorted Limited in Employment Matter Sorted Limited ’s absolute discretion.

Client’s Obligations

The Client must:

• give Employment Matter Sorted Limited access to all records and information as reasonably required by Employment Matter Sorted Limited in order to properly provide the Services to the Client; and

• keep Employment Matter Sorted Limited informed of any developments (such as a change to information provided to Employment Matter Sorted Limited) that a reasonable person would consider is likely to impact on the Services.

• The Client acknowledges that if their requirements change during the term of the Agreement, the Fee may be subject to change.

• The Client authorises Employment Matter Sorted Limited Ltd (where applicable) to receive Fees directly from their employer. In the event that the entire amount (inclusive of Fees) is paid directly into the Client’s bank account, Employment Matter Sorted Limited ’s Fees will be due and payable, the same day as the Client receives their payment from the employer.

• Furthermore, the Client accepts and agrees where a settlement is reached which includes a contribution towards costs by the Client’s employer or previous employer and that payment is not paid by the employer as agreed to Employment Matter Sorted Limited, then:

• the Client will assist Employment Matter Sorted Limited in enforcing compliance with that condition of settlement (including but not limited to, attending an Employment Relations hearing or providing a witness statement to Employment Matter Sorted Limited) so that Employment Matter Sorted Limited may recover monies owed as part of that agreed settlement; and

• that the costs recovered are payable to Employment Matter Sorted Limited and, in the event, where a penalty is awarded for the breach of the compliance of the relevant term, that amount that is awarded to the Client as part of the penalty for the enforcement of the costs will be divided in equal parts between both the Client and Employment Matter Sorted Limited.

Fee and Payment

At Employment Matter Sorted Limited ’s sole discretion the Fee shall be either;

as indicated on invoices provided by Employment Matter Sorted Limited to the Client in respect of Services supplied; or

the Fee as at the date of delivery of the Services according to Employment Matter Sorted Limited ’s’ current Fee schedule subject to:

Contingency Fees –No Win-No Fee-where Employment Matter Sorted Limited does work for the Client and Employment Matter Sorted Limited is not able to achieve a successful result (i.e. the Client is in the same position as the Client was at the stage Employment Matter Sorted Limited become involved), there will be no charge for the Services provided. However, where Employment Matter Sorted Limited ’s Services do achieve a successful result (i.e. the Client is in a better position than the Client was at the stage Employment Matter Sorted Limited became involved) there will be a charge for the Services provided;

Non-Contingency Fees-Time and Attendance Fees-Services such as representation at disciplinary or investigation meetings or for situations where a financial outcome is not being sought then Employment Matter Sorted Limited ’s Fee for this Service is $350.00 plus GST per hour. Payment is due in advance for the first initial hour of at the rate of $350.00 plus GST for attending any such meetings. Any additional costs will be invoiced subsequent to the meeting, in accordance with clause 5.2;

Cost Structure of Fees:

for “No Win-No Fee” cases that are resolved up to and including mediation level the Client will be charged a base Fee of $300.00, plus 1/3rd (33.33%) plus GST of any Financial Settlement that is achieved;

the only additional Fees that may apply would be in the case of an employer refusing to attend mediation at which point Employment Matter Sorted Limited would have to file the Client’s case with the Employment Relations Authority (“ERA”). The application Fee required by the ERA is $71.56 (including GST) payable by the Client. Employers, will at this point, be directed to mediation;

if the Client’s case is not resolved during mediation both the Client’s Employment Matter Sorted Limited and the mediator will discuss taking the Client’s case to the ERA. The mediator will work through a risk analysis in relation to the Client’s case pointing out the strengths and potential risks, (this being part of the mediator’s role). Employment Matter Sorted Limited will also provide the Client with independent advice as to the likelihood of the Client’s case being successfully resolved at the ERA, enabling the Client to make an informed decision on whether to proceed to the next stage;

on the rare occasion during mediation where the employer has made an offer to settle that Employment Matter Sorted Limited representing the Client believes is fair and reasonable considering the Client’s case and has advised the Client to accept, then if the Client declines to accept the offer and wants to proceed to the ERA, Employment Matter Sorted Limited reserves the right to charge the base Fee up front (in accordance with clause 5.1biiiE and $1,500 plus GST to take the Client’s case to the ERA;

for “No Win-No Fee” cases that are resolved through an ERA investigation, the Client will be charged a base Fee of $2,500.00 plus 1/3rd (33.33%) plus GST of any Financial Settlement that is achieved;

in some cases, there may be what is considered an extraordinary amount of work or work that falls outside the usual scope of a case, this could include a large amount of documentation to sift through, gathering and tracking down witnesses for statements, several overseas calls or travel etc. Work which falls outside the usual scope may be charged on a quoted hourly rate basis. Employment Matter Sorted Limited will advise the Client as soon as reasonably practicable, if it becomes necessary for Employment Matter Sorted Limited to provide Services outside the agreed scope. The agreed scope includes (but is not limited to, separate charges for courier fees, photocopying, telephone clauses, facsimile charges, postage, forms etc. Upon request, Employment Matter Sorted Limited will provide the Client with a written estimate of the likely amount of the further costs.

Employment Matter Sorted Limited reserves the right to change the Fee:

in the event of a variation to the Fee where the Client requests changes after commencement of the Services then Employment Matter Sorted Limited (at its sole discretion) shall be entitled to vary the Fee; or

to include any Reimbursable Expenses as per clause 6; or

where additional costs are incurred by Employment Matter Sorted Limited.

4. Time for payment for the Services being of the essence, the Fee will be payable by the Client on the date/s determined by Employment Matter Sorted Limited, which is seven (7) Business Days following the date of any invoice given to the Client by Employment Matter Sorted Limited, unless subject to clause 4.3 that payment is immediately due and payable in accordance with the settlement conditions.

5. Payment may be made by electronic/on-line banking, credit card (plus a surcharge will apply per transaction), epidemic or by any other method as agreed to between the Client and Employment Matter Sorted Limited.

6. Unless otherwise stated the Fee does not include GST. In addition to the Fee the Client must pay to Employment Matter Sorted Limited an amount equal to any GST Employment Matter Sorted Limited must pay for any provision of Services by Employment Matter Sorted Limited under this Agreement, or any other, agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Fee.

7. Receipt by Employment Matter Sorted Limited of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Employment Matter Sorted Limited ’s ownership or rights in respect of the Services, and this Agreement, shall continue.

Reimbursable Expenses

8. Employment Matter Sorted Limited shall be reimbursed for all expenses reasonably and properly incurred in connection with the provision of the Services, except where such expenses are specifically stated in writing by Employment Matter Sorted Limited as being non-reimbursable. All reimbursable expenses (e.g. travel, accommodation, communications, couriers, etc.) will be charged at the cost involved (excluding GST) to Employment Matter Sorted Limited, plus an administration fee of 10% thereof.

9. Provision of Services

Employment Matter Sorted Limited shall:

Exercise all due care skill and judgement and work diligently, effectively and to a high standard and at all times act in accordance with the applicable professional standards, principles and practices; observe and comply with all relevant legislation.

Both parties shall make all reasonable effort to ensure the Services are completed in accordance with this agreement and take all necessary reasonable steps to minimise any possible delay thereto. However, any time specified by Employment Matter Sorted Limited for provision of the Services is an estimate only, and Employment Matter Sorted Limited will not be liable for any loss or damage incurred by the Client as a result of any delay. In the event that Employment Matter Sorted Limited is unable to provide the Services as agreed solely due to any action or inaction of the Client, then Employment Matter Sorted Limited shall be entitled to charge a reasonable Fee for re-providing the Services at a later time and date or terminate the provision of Services to the Client.

10. Security and Charge

In consideration of Employment Matter Sorted Limited agreeing to provide Services, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

The Client indemnifies Employment Matter Sorted Limited from and against all Employment Matter Sorted Limited ’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Employment Matter Sorted Limited ’s rights under this clause.

The Client irrevocably appoints Employment Matter Sorted Limited and each director of Employment Matter Sorted Limited as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 8 including, but not limited to, signing any document on the Client’s behalf.

11. Intellectual Property

Where Employment Matter Sorted Limited has supplied the Client with any information, ideas, strategies, advice and documentation (including reports, proposals, strategies, plans, and other materials and aids, etc.) during the provision of the Services (“Intellectual Property”), then the copyright in that Intellectual Property shall remain the property of Employment Matter Sorted Limited , and the Client must not reproduce, copy or use it in any manner without the prior written permission of Employment Matter Sorted Limited .

12. Confidentiality Information/Conflict of Interest

13. Employment Matter Sorted Limited and the Client agree to treat all information, schedules or annexures that form any part of this agreement or any ideas communicated by either other party confidential and each agree not to divulge it to any third party, without the other party's written consent.

14. The Client shall not divulge any information regarding the nature or progress of the Services or give any publicity concerning the Services except with the written consent of Employment Matter Sorted Limited.

The Client acknowledges that Employment Matter Sorted Limited shall be entitled (in addition to any entitlement to damages) to an injunction or other equitable relief with respect to any actual or threatened breach by the Client of this clause 10 and without the need on the part of Employment Matter Sorted Limited to prove any special damage.

The Client’s obligations under this clause 10 shall not extend to:

information already in the public domain other than due to a breach of this agreement; or

any disclosure required by law.

Clause 10 survives termination of this Agreement.

Employment Matter Sorted Limited is obliged to remain vigilant to, and to advise the Client of, any conflict of interest that may potentially impact or harm the Client. To avoid conflict of interest and commercial sensitivities, it is agreed by Employment Matter Sorted Limited that any and all information regarding the Client (and their business, commercial agenda and employees) shall remain confidential at all times and shall only be disclosed in the event of legal order or obligation.

Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.5% per calendar month (and at Employment Matter Sorted Limited ’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

If the Client owes Employment Matter Sorted Limited any money the Client shall indemnify Employment Matter Sorted Limited from and against all costs and disbursements incurred by Employment Matter Sorted Limited in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Employment Matter Sorted Limited ’s collection agency costs, and bank dishonour fees).

Further to any other rights or remedies Employment Matter Sorted Limited may have under this Agreement, if a Client has made payment to Employment Matter Sorted Limited , and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Employment Matter Sorted Limited under this clause 11, where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

Termination

Without prejudice to any other remedies Employment Matter Sorted Limited may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Employment Matter Sorted Limited may suspend or terminate the provision of Services to the Client. Employment Matter Sorted Limited will not be liable to the Client for any loss or damage the Client suffers because Employment Matter Sorted Limited has exercised its rights under this clause.

In certain instances, postponement of mediation is inevitable. No cancellation fee will apply to a postponed and re-booked mediation.

Employment Matter Sorted Limited reserves the right to levy a termination Fee to cover costs where a mediation and/or the engagement of Services is terminated by the Client, in the following circumstances;

cancellation five (5) or more business days before the mediation was due to take place: no mediation Fee shall be payable other than and any irrecoverable expenses (such as travel costs already incurred etc);

cancellation less than five (5) business days before mediation was due to take place: the Fees for any preparation time actually spent by Employment Matter Sorted Limited shall be payable in addition to the irrecoverable expenses incurred as per sub-clause a;

without reasonable cause and/or against Employment Matter Sorted Limited ’s advice, the Client terminates Employment Matter Sorted Limited ’s engagement or withdraws from the case before it has reached conclusion; or

the Client by-passes Employment Matter Sorted Limited by negotiating a settlement directly with the other party; or

failure by the Client to inform Employment Matter Sorted Limited of any changes to the Client’s contact details to the degree that Employment Matter Sorted Limited has no alternative but to cancel the mediation or ERA investigation dates; and

if in the event that the Client provides any false or misleading information and/or lack of providing material facts that could affect the feasibility or likelihood of success relating to the Client’s case.