Agreement Is A Sham

As early as 2017, the London Borough of Islington was successfully sued against local green live estates rental agents, who had issued only 2 fictitious licensing agreements that should have been leases punishable by a fine of £11,000 under the Consumer Protection from Unfair Trading Regulations 2008[3] for deceptive marketing practices. It is sometimes claimed that a contract is a deception. But what is a fake contract and how do the courts think so? A recent NSW Supreme Court decision answers these questions: How your employee or contractor agreements are evaluated can impact obligations and possible penalties for your business. Ultimately, a court will consider the content of the agreement and not its form – meaning that no matter how you call the agreement, the courts will consider the characteristics and style of the work, the relative bargaining power of the parties, and whether the total salary is what an employee might receive in the same job. In a very recent decision in civil appeal 347/2008 MARFIN POPULAR BANK -v- MICHAEL of 23.1.2012, the full bank of the Supreme Court of Cyprus found by a majority that a tempered purchase transaction was a deception and, therefore, that it did not have the right to oppose or withdraw the funds paid to the respondent as a result of such an operation. The risks associated with the application of fictitious employment contracts have been reduced by a new legal approach influenced by Alan Bogg, Professor of Labour Law at the University of Oxford, and Anne Davies, Professor of Law and Public Order at the University of Oxford. It`s not just tenants who let themselves be deceived. A few years ago, I dealt with a case where an agent told a tenant with a fictitious tenant contract that he had to leave in a month. While it is clear by law that an employer cannot enter into a fictitious contract, in some cases both the worker and the employer are unaware that a fictitious contract has been concluded. However, this does not exclude the employer`s liability for penalties provided for by law. The Fair Work Act 2009 („the Act“) was put in place to protect workers` legal employment rights and to put in place strict guidelines for employers with respect to employment and employer agreements.

Too often, however, employers have failed to fulfil their obligations under the law and have exploited workers` rights through fictitious contracts. In some cases, it is not an intentional act committed by the employer, but an act that the employer is not aware of. Accordingly, it is important that workers are aware of their contractual and legal rights and rights with respect to their employment and that employers are aware of their obligations under the law in order to ensure that their employees are not exploited by a fictitious contract. . . .