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I had worked for a large school as a caterer for 15 years

and then told that they...
I had worked for a large school as a caterer for 15 years and then told that they were putting the position out to tender, even though over the years i had become a respected and important part of their winter community.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: initially when starting i was told that i would be a subcontractor and consequently quoted an ban and looked after my own tax and billed them per job we live in a tourist area , down in the snowy mountains of nsw, they provided all equipment and designated when i was working and at what times service would be required. through a long period i asked for a contract none was provided a situation that was used to control my pricing. we then having been told of the tender we began to have rather serious discussions and i discovered that according to a questionnaire provided bt the auto i was considered an employe and should be paid the appropriate benefits. this was brought to their attention by my solicitor and a legal battle began they initially made me an offer nominating that i was not an employee but i refused that because of its poultry nature, i have now spent in the vicinity of $10,00 and have no more funds and the final conclusion of our letters stated by them was that in the event of them having to face this matter they would do so, indicating that they new i had no funds to fight them.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: The situation had no substantial agreement at all other than i would do it and their basic use of their premises was over there months of winter with various other camps throughout the year as i was unable to secure any other employment as their requirements varied and the major use was in a time when the snow district is very busy the paid me an advance on what my anticipated invoices would be
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have a documentation to verify all i have said although some are labeledwithout prejudice
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Answered in 5 minutes by:
11/20/2017
John Melis
Category: Australia Law
Satisfied Customers: 953
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

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Customer reply replied 22 days ago
thankyou

Do you have a copy of any written agreement for the work you did ?

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Customer reply replied 20 days ago
I had no written agreement
All our dealings were verbal with some short emails and although I asked for a written contract nothing was forthcoming

You may have a claim at the fair work commission.

However, I recommend the first step is to issue a formal complaint in writing.

Would you like to discuss this matter on the telephone ? I have extended a special offer to you if you prefer.

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Customer reply replied 20 days ago
I would like to discus it with you but have very limited funds due to this situation can you advise me of the cost

The offer is stated above and I have given you a very special price.

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Customer reply replied 19 days ago
I would like to have a chat

Yes sure. I am ready.

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Customer reply replied 19 days ago
You can call me on0422285076
AlAn

You will need to accept the telephone call offer that is presented above and then I can call you to discuss your important matter.

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Customer reply replied 19 days ago
I have been pressing the accept button but it doesn’t seem to work

ok, I will send you another offer to make it easier.

John Melis
Category: Australia Law
Satisfied Customers: 953
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
John Melis and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 days ago
What are the procedure I making a claim and what is the likelihood of success

number is *****

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John Melis
John Melis
John Melis
Category: Australia Law
Satisfied Customers: 953
953 Satisfied Customers
Experience: Principal Lawyer at Legal AU Pty Ltd

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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