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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5048
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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We use requirement agency to hire employee .

Customer Question

Hello,
We use requirement agency to hire employee for business. They bring us 3 people for an intervies
We agree to hire one of them and sign offer of employment. Once we sign offer of employment recruit issues invoice that we paid. But when the time came for employee to start the job came we are advice that he called to recuruite and told he find another job and not planning to come to work for us.
Then we went with the 2nd in the list we interview and she started to work with us and left after 1 week due to personal issues. We asked for refund from recuruite but have been told recuruite not giving refunds. We going now with the other agency as need person urgent and c**t trust to the first agency anymore. Can we still get refund?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello
The agreement, is there not anything in respect to refunds when the person left?
Customer: replied 1 year ago.
Nothing regarding the refund in their terms. There is no refund policy at all.
Our accountant pointing that he can't put this for recruitment invoice for claim as a business expense as its fake people and no employee that register with the company for more then a week. Also accountant recommend to go to court with claim compensation for week training and wages we paid to the employee that left after one week. So compensation will be claim for fees paid to the agency and losses that business had for training, week of wage ect.. What is the best approach for all that? For all together its comming claim for around 20K compensation
Thank YOU
Expert:  Daniel replied 1 year ago.
Hello
In respect of the matter you should make a claim with VCAT and initiate proceedings.
http://www.vcat.vic.gov.au/adv/disputes/civil-disputes
More info in the link. Provide to the tribunal that those employees provided are not what they were promised to be and as the agreement is silent in respect of repayments, demand one, plus out of pocket expenses,
Please click accept and leave feedback
Customer: replied 1 year ago.
Thanks Daniel,So if we are going with VCAT w can claim all losses :
1. Fees we paid to recured
2. Training we did to employee
3. Employee wages ect.Who can help us with submitting this application right?
Thank YOU
Expert:  Daniel replied 1 year ago.
Hello
yes all can be claimed.
In respect of the matter, the staff at VCAT can assist.
Please click accept
Expert:  Daniel replied 1 year ago.
Is there any further assistance I can be of?
If not, please click the accept button and leave feedback
:)