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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42652
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was given a FIFO job in the Kimberley and honestly needed

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I was given a FIFO job in the Kimberley and honestly needed the money badly. via email at the very bottom from my boos says that I would be required to drive an ambulance and the fact is I don't have a license , intead of being a main requirement at the top of the email. I started work last wednsday and completed full time hours from there till now. ive been told they have charged me the flightd home and their excuse is I didn't tell them I didn't have a license (admitting I should have but being a boss he should have checked and I never should have been able to come here in the first place.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: WA
JA: Has anything been filed or reported?
Customer: in what sense exactly ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes , they aren't making profit with this contract and the only reason they have done this is to try and keep money

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 I am very limited on what I can tell you and that you may have to get more detailed advice.

Did the job require a licence and did they make that clear in the advertisement or during the interview process?

Customer: replied 1 month ago.
over the phone was brief and via email was not stated clearly enough in my eyes
Customer: replied 1 month ago.
I feel the boss should have not cut the corners that he did
Customer: replied 1 month ago.
the job did require a license and was over looked by the boss

Good Morning.

You have to be clearer than what you have said.

Did he mention the need for your to drive yes or no?

If he did, did you mention you did not have a licence?

Was the position advertised and if so do you have the advertisement and does it mention the need for a license?

Customer: replied 1 month ago.
he did advise me but was unclear over the phone due to bad service and i did not hear him. and no i did not advise him because i was unware at the time until i read the email on the plane.the position was not advertised but only offered to me and another security guard , i do have the email that states the requirements but the driving requirements are separate to the security guard role.

Good Morning.

When you say unclear, what exactly do you mean?

To take this to court agents them this is going to be an issue for you.

The email you are referring to is the one offering you the job? or one sending you requirements about the job?

Customer: replied 1 month ago.
i missed part of his conversation because i was in perth and he was in Lombadina and the connection was terrible. Yea so i was given the job and then requirements were sent though , bear in mind it was short notice and i had already made commitments to attend before the requirements were sent through" To take this to court agents them this is going to be an issue for you." please retype
Customer: replied 1 month ago.
in the very first email i received it says nothing about driving requirements and only uniforms requirements

It is going to be an issue because it is your word against theirs on what was said.

By you telling me that you believe it was mentioned on the phone but was unclear the court will ask why did you not question it further?

They will allege you mislead them and they are entitled to the money back.

Does the first email say you have the job?

Customer: replied 1 month ago.
hmmm your right , i only heard something about ambulances but he will beg to differ that i heard it all due to my response. you have to understand i chose to accept this role no matter what in short notice but i fear the court will not care.yes , in the first email it states i have the role and if successful i would be continuing my role up there further
Customer: replied 1 month ago.
would you like the emails ?
Customer: replied 1 month ago.
end of the day i don't plan on taking them to court , i just want some advice and if what they have done is actually allowed. I completed hours for their company and feel no matter they should pay me every cent , instead they have taken out the cost of the flights home and as a company i don't think that's legal.
Customer: replied 1 month ago.
Honestly you have helped. this was the info right here that i was after."It is going to be an issue because it is your word against theirs on what was said.
By you telling me that you believe it was mentioned on the phone but was unclear the court will ask why did you not question it further?"Thankyou for your time Leon and all the best.Kind regards *****

Good Afternoon

You can send me the emails to***@******.***

I will respond when i get them.

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

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