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If I worked in Victoria on Melbourne Cup day public holiday…

Customer Question
If I worked in...

If I worked in Victoria on Melbourne Cup day public holiday and the company I work for is situated in South Australia do I get penalty rates (it is in

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I work in Victoria but the head office of the company is in South Australia

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I am a casual employee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 9 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/16/2017
Solicitor: John Melis, Lawyer replied 9 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,536
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 9 months ago

Your employment contract is governed by the state of your contract and the Fair Work Act.

Were you a contractor or employee? As this is a key point to the answer.

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Customer reply replied 9 months ago
Casual employee
Solicitor: John Melis, Lawyer replied 9 months ago

did you have an employment agreement ?

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Customer reply replied 9 months ago
I have an agreement and it includes pay for public holidays but the company is claiming that because the work was performed in Victoria it will not pay the overtime rate.
Solicitor: John Melis, Lawyer replied 9 months ago

In this circumstance you contract will stipulate the jurisdiction.

Would you like to talk on the telephone to clarify the issues in the contract ?

I have extended a special offer to you if you prefer ?

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Customer reply replied 9 months ago
No thank you - thank you for your time.
Solicitor: John Melis, Lawyer replied 9 months ago

Did I answer your questions today ?

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