I currently have an application in the Small Claims court through Fair Work.
I was made redundant a couple of years ago (had worked 5years). My ex-employer trained up her new boyfriend to take over my job, a month before I left. My ex-employer verbally abused and intimidated me over the phone the day I finished up, blaming me for things she was responsible for. Then she refused to provide me with a separation certificate, told an acquaintance lies about me, and unlawfully withheld 150 hours of annual entitlements. A year later FWO ordered her to pay me my holiday pay. FWO also believed I was underpaid for a certain period, until my ex-employer provided a fraudulent contract to FWO, having forged my electronic signature, then FWO saw this document as a genuine article and then believed I was overpaid in subsequent periods (due to the contract stating I was a level lower than what I was paid), so the underpayment was cancelled out. I have proof the contract couldn't have existed when it was signed.
I was hoping I would get close to what I was claiming, through court, then get justice (for all the stress, intimidation, mental anguish, my ex-employer has maliciously put me through), by taking the ruling to the police and get her criminally charged with fraud.
At our initial hearing, the registrar stated we should attempt to reconcile as, if it goes to court, fraud is a very serious matter.
My ex-employer's lawyer has come to me with an offer to match my claim but I believe I then cannot pursue any legal avenues to get her criminally charged with fraud (a confidential and secret clause). The lawyer stated "Without prejudice save as to costs" in the email and stated if I do not accept the offer, my ex-employer could take the letter and seek cost orders against me on an indemnity basis.
Do I have an option for a counter-offer or take it to court? If I'm awarded less than what they offered, will the court see their offer as reasonable as it is more than what I may receive, or will the fact they want to conceal fraud, go against them when they ask for me to pay their costs?
I was made redundant a couple of years ago (had worked 5years). My ex-employer trained up her new boyfriend to take over my job, a month before I left. My ex-employer verbally abused and intimidated me over the phone the day I finished up, blaming me for things she was responsible for. Then she refused to provide me with a separation certificate, told an acquaintance lies about me, and unlawfully withheld 150 hours of annual entitlements. A year later FWO ordered her to pay me my holiday pay. FWO also believed I was underpaid for a certain period, until my ex-employer provided a fraudulent contract to FWO, having forged my electronic signature, then FWO saw this document as a genuine article and then believed I was overpaid in subsequent periods (due to the contract stating I was a level lower than what I was paid), so the underpayment was cancelled out. I have proof the contract couldn't have existed when it was signed.
I was hoping I would get close to what I was claiming, through court, then get justice (for all the stress, intimidation, mental anguish, my ex-employer has maliciously put me through), by taking the ruling to the police and get her criminally charged with fraud.
At our initial hearing, the registrar stated we should attempt to reconcile as, if it goes to court, fraud is a very serious matter.
My ex-employer's lawyer has come to me with an offer to match my claim but I believe I then cannot pursue any legal avenues to get her criminally charged with fraud (a confidential and secret clause). The lawyer stated "Without prejudice save as to costs" in the email and stated if I do not accept the offer, my ex-employer could take the letter and seek cost orders against me on an indemnity basis.
Do I have an option for a counter-offer or take it to court? If I'm awarded less than what they offered, will the court see their offer as reasonable as it is more than what I may receive, or will the fact they want to conceal fraud, go against them when they ask for me to pay their costs?
