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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Discrimination by association, I have been told by a person

Customer Question

discrimination by association, I have been told by a person acting on behalf of a large company , that I am not permitted to do subcontract work because he found out that I have an association with a person known to him, who he has a history with and has a dislike for. How can the Law help me ? Can the court take the company and the individual to task ? I am enduring economic losses because of the situation.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you are being refused the right to tender then you can claim discrimination. The mere fact that you know this other person should not affect you.

Do you have anything in writing or is it simply verbal?

Customer: replied 1 year ago.
I have Subcontractors Payment Advices for the previous work.
The refusal to do further work was given verbally to me indirectly via at least 3 parties associated with this company
Expert:  Leon replied 1 year ago.

Good Morning,

Is there any way you can get evidence about it, e.g. something in writing, witness that heard this?

It is anticompetitive and you can take it to the ACCC and also discrimination but you need the evidence.

Customer: replied 1 year ago.
I have a number of witnesses , including people at the company who are happy to give me the work but have been directed or asked to not give me the work. One of these now fears for his job , because he had given the the work to me despite knowing of the association in question.
Expert:  Leon replied 1 year ago.

Good Morning,

You should get written statements from them and also draft your own and then speak to a solicitor in QLD that practices in this area. The witnesses have to be prepared to go to court and support you. Giving a statement is not enough.

This is your starting point.

Reporting them to the ACCC will cause an investigation.

I hope this makes sense and is of assistance?

Customer: replied 1 year ago.
Ok, Thank you
Expert:  Leon replied 1 year ago.

Good Morning

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.
Good Morning,
Please do not forget to rate my work as this is how I am paid.
Thank you have a great day
Leon