NSW Am I Entitled to Full Amount of Compensation?

[Serge Gorval]

Again, Aus legislation still applies to contractors. For example: FW Act part 3-1, Workers compensation, unfair contracts act, etc.

And, in any event, work was performed in Australia. There is adequate jurisdiction here.

Hopeislost, you need to decide how to bring your claim under the jurisdiction. To avoid the costs associated with bringing a contract claim, ( breach) consider bringing a claim in the Federal Circuit Court ( reduced costs, etc).

 

[hopeislost]

again, Aus legislation still applies to contractors. for example
FW Act part 3-1
Workers compensation
unfair contracts Act etc.

and in any event work was performed in Australia. there is adequate jurisdiction here.

Hopeislost, you need to decide how to bring your claim under the jurisdiction.

to avoid the costs associated with bringing a contract claim, ( breach) consider bringing a claim in the Federal Circuit Court ( reduced costs, etc).

Essentially, I'm being held up on the line "In the event of such termination, Consultant shall be paid for any portion of the Services that have been performed prior to the termination." and being told that essentially means they can give me a percentage of what they're making and at the rate they're currently (and previously) making that kind of cash, it could take 3-5 years to pay me back roughly 40k because I deferred compensation and that quote above doesn't specify a timeline. I hope that makes sense.

So are you saying I should consider bringing the claim to the Federal Circuit Court? If so, would you happen to know what kind of costs are associated considering I'll be dealing with a company incorporated in the USA?

Thank you again, Serge!

 

[Rod]

If you are invoicing through your own pty ltd company I don't like your chances. If you are invoicing as an individual you stand a better chance, but I still don't like your chances.

I think you need to see a lawyer to work out if you can be 'deemed' an employee. Let me know how you go.

As you can see there is some uncertainty in how to treat these kinds of matters and it is only by going to court and getting a ruling will you really know.

Suspect it is going to cost you money to enforce your rights, whether here or in the USA.

 

[hopeislost]

If you are invoicing through your own pty ltd company I don't like your chances. If you are invoicing as an individual you stand a better chance, but I still don't like your chances.

I think you need to see a lawyer to work out if you can be 'deemed' an employee. Let me know how you go.

I'm a sole trader and not a pty ltd as far as I know.

One follow up question, in terms of getting this deferred compensation, am I aiming to be considered an employee?

 

[Rod]

One follow up question, in terms of getting this deferred compensation, am I aiming to be considered an employee?

Need to approach this from the other end first ie: are you an employee, or an independent business? From there you then work out what to do about the deferred compensation. It is more about getting jurisdiction in Australia than the USA. Easier for you if it can be done in Australia.

 

[Serge Gorval]

If you are deemed to be an employee, then you have substantially more rights under AUS legislation.

If you are a contractor, then you need to enforce the contract, i.e. payment for services rendered.

Considering that a decent amount is owed to you, I suggest to consider all options. Do you want a free phone consult?

 

[Rod]

I'd take up Serge's offer

 

[hopeislost]

If you are deemed to be an employee, then you have substantially more rights under AUS legislation.

If you are a contractor, then you need to enforce the contract, i.e. payment for services rendered.

Considering that a decent amount is owed to you, I suggest to consider all options. Do you want a free phone consult?

Sounds good, thanks a million!

@Rod: I shall!