Require some assistance with an independent contractor

Good Afternoon

Good Afternoon,

if you only work for the scrap metal merchant and nobody else, your contract may very well be a sham Contract and you are not an independent contractor but an employee.

I would suggest that you look at your actual duties and see whether they are controlled by the scrap metal merchant, telling you exactly what to do, and if you are supplied with the equipment required to do your job by the scrap metal merchant then you are an employee.

The following link provides detailed information and has the indicators show you whether you are an employee or an independent contractor.

https://www.fairwork.gov.au/ArticleDocuments/723/Contractors-and-employees-whats-the-difference.pdf.aspx.

If you have only recently left and you had made reports of bullying then you are entitled to seek compensation for the bullying if they allowed to continue.

Further if you are not a contractor you also need to make sure that you have been paid correctly and if you were never paid sick leave or annual leave you are entitled to be paid those.

You should also check to see whether he was paying your superannuation into your fund and this can be checked through the Australian taxation office.

You can report their actions, if they are doing this continually to the Australian Fair work commission to investigate.

But you also have rights and you can take the matter further with the commission and be compensated for whatever you have not been paid for and your losses.

I hope this assists in as your question today.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon