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Is a contractor able to take a work dispute to Fairwork

Customer Question
Is a contractor able...

Is a contractor able to take a work dispute to Fairwork Australia?

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

Victoria

Lawyer's Assistant: Has anything been filed or reported?

No

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

I have been employed for 16 weeks and not been paid due to failure to finalise my employment terms - employee / contractor

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/23/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,326
Experience: Principal Lawyer at Legal AU Pty Ltd
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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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Solicitor: John Melis, Lawyer replied 7 months ago

do you have a copy of any form of agreement, whether signed or not that you sent the head contractor ?

It is important to determine where you are a contractor or employee.

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Customer reply replied 7 months ago
Nothing has been placed in writing. I was employed by Altitude as an employee, August 4 Altitude ceased to operate, Hatem who is a Director of both Bodon and Altitude took me to his company - Bodon - where I have continued to work waiting to discuss work arrangements and have not been paid for 16 weeks. Hatem is now wanting me to become a Contractor offering only $3.00 per hour as a substitute for foregoing annual leave and public holidays. Everything has been verbal but not a lot said. Hope this helps your understanding. Thanks you
Solicitor: John Melis, Lawyer replied 7 months ago

I think on this basis you could raise the argument that you are an employee.

Therefore you will be able to rise a claim for either breach of contract for no payment of wages, or at the Fair Work Commission for unpaid wages.

Which option would you prefer ?

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