Torsten Posted May 29, 2012 How do you define a contractor, Torsten? As a sub-contractor, a person on a fixed term agreement (a 'contract') or what is often known as a 'temp'? If you speak of the latter then I can produce many documents passed through the hands of various legal counsel (in theory - Im not publishing them here) which clearly define circumstances of termination/resignation with no reference to a change in the agreement after an extended duration of service. No, I don't mean temp. A contractor can't be a contractor for more than 3 months if he works onsite to a roster [both conditions have to be fulfilled for it to become a problem] eg, we had retail staff who had their own ABN and worked on contract basis. after 4 months we were threatened with legal action by the ATO and the inspector of the dept of employment [or whatever they were called]. It didn't really matter to us, but our staff actually preferred it that way. We had been given advice by accountant, which was issued by the CPA, but it was wrong. We have plenty of contractors that we maintain over many months, but they either do not work onsite OR they do not work to a roster. We have a friend in a similar industry with EXACTLY the same problem. he didn't cave because he believed the legal advice he received and ended up paying thousands of dollars in extra taxes, super and fines. The case of jail time I mentioned was a business associate of ours in the construction industry. It was all written contracts etc. he had also been given the advice by a lawyer, but this was wrong as he found out the hard way. Share this post Link to post Share on other sites
MorteiN Posted May 30, 2012 Mortein, I think you have a good deal with the 30% lawyer. It is usually 50%, so if a company offers their services at 30% it means that they have a higher success rate than others, which means they take cases which are more likely to win. So the fact he took yours indicates to me it is a good case. I know he is going after the unfair dismissal, but I didn't see you commentign anywhere whether he is going after damages for pain and suffering. The extinguisher incident is a pretty nasty matter and shoudl result in two separate but linked outcomes : one being that you get damages, and the other being that the employer gets fined. The latter might not help you much other than getting a bit of revenge, which can be very healing and empowering after such a nasty experience [especiallyif your other matters don't bear fruit]. He didnt mention any pain and suffering to me... I'm not too sure what hes planning - he did express interest in what was being done in regards to my boss's job position. He also asked me weather I wanted the most money possible - or my old job position back. I told him that I am looking for the most money, and that I dont plan on ever going back there to work. So like people have said, he'll probably bleed em dry out of court if it goes that far. Are you retiring from the workforce ? You come across as a young guy, and you have said that your industry is full of wankers, so what's to say you won't need the support in future ? If you had a car accident, and ended up in debt for years wouldn't you consider insuring your next motor vehicle ? Hey, this is a valid point brother - I wont be retiring from the work force, but I'm confident I wont be going back to the same industry. Joining the correct union will be the first thing I do during any future employment from now on. Thx everyone for the supportive insight. Share this post Link to post Share on other sites
Foo Posted May 30, 2012 From my expiernce with HR Torsten is correct. Unless your roster was varried frequently then your employer is liable for full time/part time ent's. Wageline or the state eq should be able to spell that out in less then 3 sentances. My HR exp is employing up to 15 persons 90%+ Casual. Share this post Link to post Share on other sites
Zen Peddler Posted June 1, 2012 Holy shit man. they are taking the piss mate. You can get a nice payout over this one. I knew a bloke that got a payout because he caught the manager fucking and then they sacked him because the manager was worried he would tell his wife. Share this post Link to post Share on other sites
MorteiN Posted June 29, 2012 Hey guys - I had an AVR session (Assisted Voluntary Resolution) session with the fair work ombudsman and my old employers in regards to being underpaid. Got a nice few grand pay out from them, I will now inform all my co-workers from the yard to do the same. They must be spewing.... We also had a fair work australia mediation session in regards to the unfair dismissal - I asked for reinstatement and 5 weeks backpay... he shat and refused to pay anything, and wouldn't make a counter offer. So we are set for a hearing infront of a fairwork australia court-like board member team in September. Hopefully i'll get another nice payout then. Things got ugly in the mediation, he accused me of swearing infront of children and women. He made mention to my paid agent that I was working high on drugs... The spiteful cunt.... Once a pig, always a fkn pig.... My agent kept arguing the fact that he didn't dismiss me, he made me redundant, and that they have employed new workers since. And why hadn't they offered me my job back if I was redundant and not sacked. He couldnt answer that question clearly. He kept sort of trying to dish more dirt.... And at the end of everything, after nothing was sorted my old employer asked the mediation officer weather or not he would be able to have all legal costs put back on me, as a final little bully tactic to deter me from pursuing it. Such a fkn animal.... The mediation officer said, you can fill out a form and try to have costs put back on the complainant but more than likely you wont be successful... I am now going off to start an Electricians Apprenticeship, and am moving well away from the old industry I was in. I am feeling heaps better. I will give ya'll some updates as it progresses. Share this post Link to post Share on other sites
Sallubrious Posted June 30, 2012 Good news mate. I like the way he way he he tried to dig his way out of the shit he dug for himself with more bullshit, it really shows what a lowlife scumbag he is. Now you've scored an apprenticeship too, maybe he did you a favour there too. Hahaha Share this post Link to post Share on other sites
WoodDragon Posted July 3, 2012 What SallyD said. These things can be hard when they happen, but it looks as though the universe has caught up and rewarded both you and your boss with your dues. Stick to your guns - you shouldn't have to pay costs if you are the aggrieved party - and be polite. With a little luck you'll come out ahead, your boss might think twice before engaging in silly antics like spraying fire extinguishers at his employees, and the senior management might learn to keep a closer eye on their staff. Share this post Link to post Share on other sites
cactuscarl Posted July 4, 2012 Good on you man, to many times you see a holes like that get away with shit just cause they make it to hard or to much of a shit fight to get what you deserve Share this post Link to post Share on other sites
adios Posted July 4, 2012 Terrible,Its happened to me on more than one occasion, and I know I wasn't very happy about it either but sometimes you just have to take it and move on. Like I wonder what your boss would have said if you just laughed it off,after you were sprayed in the face because he is such a great guy and you were suppose to find humor in the situation. Share this post Link to post Share on other sites
~Sneaky Posted July 4, 2012 That sounds absolutely awful, sounds pretty dodgy, quit don't go back working there again, However I'm sure there is some way to get money because you got "under payed, worked a lot and got abused." call a lawyer ? That could be a option? Share this post Link to post Share on other sites
