How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Sean Your Own Question

Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience:  Law degree with 1st class honours from Australian National University.
Type Your Australia Law Question Here...
Sean is online now
A new question is answered every 9 seconds

We work in an Aboriginal Community as Managers of a Garage.

Customer Question

We work in an Aboriginal Community as Managers of a Garage. Our contract had run out in April but the Chairman of the Committe which runs the Garage sacked us without reason saying that we were working on the APY Lands illegally. He is responsible for cancelling 2 Directors meetings in February and March when our contract was to be renewed.

We know that the real reason for our dismissal is because we registered a complaint that he was taking from the business - giving cars to family members, asking for book-up or credit and expecting free fuel and other expenses to be paid by the Garage - which is against the corporations rules. We are governed by ORIC.

The recorded minutes of the last Directors meeting state how my husband and I took the Garage from 37,000 in assest to nearly 800,000 and that the business was in a very healthy position, how the Chairman purchased a car for a family member, then sacked us without reason. All Directors but one signed for our dismissal, but then told us straight after the meeting that they had been bullied. Four of the nine have since resigned from the Committee.

Our notice runs out next Saturday. We have contacted 5 lawyers but none have returned our calls. Can you help please?

ps

The Community want us to stay and are trying to get a meeting happening but I fear it may be too late. We would stay if we could.


























9
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.

Good evening. My name is XXXXX XXXXX I would be happy to help you with your situation.

So that I can understand your situation better, can you tell me what the status of your engagement was? Were you employees, or were you engaged as contractors?

If you have an electronic copy of your agreement you could upload it so I can take a look at it for you.

Customer: replied 1 year ago.

Hi Sean


We are employees


We replied to you with scanned email of contract


Dont know if you received it as we had to use different computer

Expert:  Sean replied 1 year ago.

Ok great thank you. I didn't receive the contract. Would you be able to upload it?

Here is how you attach a document:

First type some text, anything - just a few words. Then highlight the words with your mouse.

Once you have done that, click the chain icon between the happy smiley face and the tree.

A pop up window will open. The first line should say Link URL. At the end of it there is a little square icon with a blue line at the top.

Click it and an attachment upload box will pop up.
Customer: replied 1 year ago.
Expert:  Sean replied 1 year ago.

Ok great, I got it - thank you.

Fortunately, as employees, you have a fair amount of protection here. The main protection you have is under the adverse action provisions in the Fair Work Act 2009 (Cth). Under these provisions, it is unlawful for an employer to take adverse action against an employee because they report something like this relating to their employment. Adverse action would include terminating their employment.

So your employer is in breach of these provisions and you can both bring a claim in Fair Work Australia seeking reinstatement or compensation.

If you bring a claim in FWA, the first thing that will happen is there will be a conciliation where a Commissioner helps you all settle the dispute. This is like a talk fest in front of a Commissioner.

Also, under clause 21 of your contract there is a dispute resolution provisions where both parties are required to come together to make a genuine effort to settle the dispute. You can say that their termination will not be valid until they have complied with this clause and had a meeting to discuss it. If they don't you will bring a claim in FWA.

What do you think about this course of action?
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 852
Experience: Law degree with 1st class honours from Australian National University.
Sean and 2 other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for this advice, it sounds like the best course of action and it certainly puts our minds at ease.


 


Steve and Sue

Expert:  Sean replied 1 year ago.

Wonderful, I'm glad to hear that. All the best with this, and please come back again if you have any further questions.

And thank you for the positive rating :-)

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer