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Hi there ... we are in a situation at the moment where a former…

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Hi there ... we are...
Hi there ... we are in a situation at the moment where a former disgruntled employee (apprentice carpenter) has gone to the Fair Work Ombudsman and produced false claims. These claims are that he began work when the Training Contract started which was 10 March 2010 when in actual fact he started 29 May 2010 because the Training Contract was backdated. He has given the Ombudsman in excess of 20 unpaid weeks. He has altered the end date of his employment to the Ombudsman. All these claims are untrue and evidence of all the false claims have been presented to the Ombudsman. The false claims come to a total of $20,000.00 plus. We are wanting to know our legal position here due to the excessive total and the false claims against my partner and his business. He is owed his annual leave in the sum of $1,900 approx which he has refused to accept in our initial negotiations. I can forward you a copy of the letter to better understand it if need be. Your feedback would be appreciated. Sonia
Submitted: 8 years ago.Category: Australia Law
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Answered in 2 hours by:
6/20/2010
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
I'd like to take a look at this letter. Here is how you can attach it:

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 that square icon and an attachment upload box will pop up.

If you have any questions please let me know.

Edited by Alex on 6/20/2010 at 6:18 AM EST
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Customer reply replied 8 years ago
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
I have read through the letter. Thank you for that.

What is likely to happen here is the Ombudsman will investigate to determine whether he worked those extra weeks or not. If the Ombudsman rules that he did not, that should be the end of the matter.


Edited by Alex on 6/20/2010 at 7:01 AM EST
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Customer reply replied 8 years ago

I was wondering if there is any penality given by the Ombudsman for him being misleading and untruthful in his claims.

 

Customer reply replied 8 years ago
Further, my husband has lost valuable work time because of this also. We have 2 school aged children and one 4 month old. I have spent a great deal of time going through records and photocopying documents to provide to the Ombudsman. Do we stand anywhere legally if we were to go to a Solicitor?
Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
[QUOTE] I was wondering if there is any penality given by the Ombudsman for him being misleading and untruthful in his claims. [/QUOTE]
No, unfortunately the Ombudsman doesn't have power to punish employees.

[QUOTE] Do we stand anywhere legally if we were to go to a Solicitor? [/QUOTE]
You could possibly sue him for defamation if he has any assets or savings to make that course of action worthwhile.

Obviously you would need a lawyer to assist with this, but I may be able to recommend a good solicitor who could help if you want a recommendation. Just let me know if you're interested.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Edited by Alex on 6/20/2010 at 7:31 AM EST
Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
Verified
Brisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 8 years ago

His mother and father have acted on his behalf with the Ombudsman so would our action be against them?

Solicitor: Brisbane-Lawyer, Solicitor - Admitted 2005 replied 8 years ago
No, the action would be against this particular ex-employee.
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