Channel 7 wants Simon Reeve, host of Weekend Sunrise, to pay back six years of corporate wages if he proves in court that he is an employee and not an independent contractor.
Reeve is demanding a 12-month salary in lieu of the network-provided notice of termination, compensation for non-payment of annual vacation, and layoffs, interest and expenses.
In a counterclaim filed Friday on the NSW registry of the Federal Court of Australia and received from news.com.au, the Seven Network claims agreements with 59-year-old Simon Reeve Productions Pty Ltd (SRP) “for the provision of services ”.
In the written agreements made in 2013, 2015 and 2016, it was expressly stated that “the employees of SRP (including Reeve) were not employees or servants of Seven”.
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SIEBEN SUES REEVE IN RETURN
The broadcaster claims it made payments and GST payments because it had contracts with SRP for SRP to provide the services as an independent contractor. It was contractually required to pay SRP. “It had no contractual relationship with Reeve personally.” And “In providing services, Reeve did so as a representative of SRP”.
It is said that if Reeve “succeeds in the allegations he makes against Seven, it follows that one or more of Seven’s beliefs were … wrong” and the network made payments “accidentally”.
Seven throws the problem back on Reeve’s company as well, saying the moderator’s claims arise because SRP didn’t pay him what he owed.
“If it is determined that … Seven is liable to Reeve or SRP for the claims and amounts asserted, Seven is entitled to repayment of the amount of the payments and the GST payments from SRP, further or alternatively from Reeve,” says the counterclaim Conditions.
The network goes on to state that Reeves’ lawsuit was blind.
“At no time before July 29, 2020 did Reeve tell Seven that he considered himself an employee of Seven and was providing services on that basis,” the document reads.
It is alleged that SRP committed “misleading and misleading behavior” and argues that Company Seven provided services as a contractor “rather than Reeve as an employee” between September 2014 and June 2020.
“If Seven is ordered to pay compensation to Reeve, Seven has suffered loss or damage as a result of SRP’s violation of Reeve or Reeve and is entitled to compensation from Reeve,” it reads.
The counterclaim and defense were filed by Seven Network’s attorney, Ben Glenn Dudley, on Friday – the deadline on which it was filed, as directed by Justice Geoffrey Flick.
In September, the network’s attorney, Yaseen Shariff, told the court that the parties had “diametrically opposed positions” and described Reeves’ claims as “ambitious.”
Why is REEVE suing SEVEN?
Reeve asks Seven to explain that he was a legal employee for the purposes of the fair labor law, that he has not paid annual vacation pay, dismissal, or layoff compensation.
“It was an implicit term of the current contract that Seven Reeve granted a reasonable period of notice,” said the claim statement received from news.com.au.
“A reasonable notice period for Reeve on June 25, 2020, considering his age, seniority and length of service was at least 12 months notice.”
It is alleged that Seven “did not give Reeve any notice or payment in lieu of termination” and further claims – as of or about 2016 – Seven did not give him a pay slip “within one day of payment of amounts to him in relation to the performance of the work or at all “.
In its defense, however, the network argues that “the notice period that Seven was reasonable for SRP was no more than five weeks”.
It is argued that at no time after February 2010 was Reeve employed by Seven or received any salary or wage from Seven and the network was under no obligation to give him any pay slips after that date.
Spent decades online
Reeve has worked with Seven over the past four decades, starting out as a sports producer and reporter in Perth in 1979.
He rejoined the network in the early 2000s, commenting on the Olympics in 2004 and 2008, and hosting a quiz show Million dollar minute and children’s play show It’s academic.
March 16 of this year Weekend sunrise Producer Matt McGrane told the sports presenter to “cease services,” he claims.
The newspapers claim the instruction on Seven’s behalf was “expressly and verbally in a phone call.”
He was called from sunrise Michael Pell executive producer on behalf of Seven on June 25th.
“Reeve was informed of the termination of his engagement because his role no longer needs to be fulfilled by him or by anyone,” said the court files filed by Reeve.
Reeve claims emails he received in July 2020 from network chairman and billionaire Kerry Stokes and chief operations officer of Seven West Media, Bruce McWilliam, are evidence that he was used by other Seven officers and employees as a An employee of Seven was treated and “kept out” as a representative of Seven “through the use of his picture in promotional material.
In an email on July 3, Stokes described Reeve as “obsolete.”
“I’m so sorry,” he said.
On the same day, Mr. McWilliam Reeve emailed that he was “part of the DNA of this place for as long as I can remember.”
In another email on July 16, he wrote: “You are going to leave a big hole because you’ve been part of the weekend constellation for so long. It won’t be the same without you as you are part of our DNA. ”
The parties will return to a case management hearing in court on Nov. 11, having previously been warned by Justice Flick that they “would likely face mediation”.
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