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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43752
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon I've been working as a contractor toll agent years and

Customer Question

Customer: Hi Leon I've been working as a contractor for a toll agent for 3 years and was recently "let go", as the work i was doing wasn't covering my wages. However I didnt design the run and on monday was the first to hear of it of the day i was let go. Also just a week or 2 before that he hired a casual. Just wondering if i have any grounds for unfair dismissal? thanks Zeb
JA: Thanks. Can you give me any more details about your issue?
Customer: what sort of details would you like leon
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Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

You are a contractor?

Customer: replied 1 year ago.
Expert:  Leon replied 1 year ago.

Good Evening

You can only claim unfair dismissal if you are an employee. If you cannot do that then you have to sue for breach of contract.

To be an employee you have to show what is in the following link.

https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/contractors-and-employees-whats-the-difference

So you have a fight on your hand.

If you can show that you were an employee you have 21 days from the date of the termination to sue for unfair dismissal.

I hope this makes sense and is of assistance. If there is nothing further

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