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QLD Best Way to Handle VCAT Case with Employer?

Discussion in 'Employment Law Forum' started by Luwis, 4 August 2016.

  1. Luwis

    Luwis Active Member

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    Hi All,

    I used to work as a Finacial Advisor on a contractor/ Sub Authorised Rep basis for a company here in QLD. I have since resigned, the Finacial planning Licensee and the Business owner failed to provide me with an Employment contract or a Sub Ar agreement which usually is provided by a Finacial planning licensee. Since resigning, the employer has tried to make me sign a restraint of trade and a contract to which a graciously declined.

    I now have a VCAT payment request from Melbourne as this is where the Principal advisor lives for a specified amount of money owed as a result of a clients' non-payment of an insurance policy which i set up whilst working at the company. Upon my resignation, the Principal decided not to release my clients to me and decided to keep them as the ransom for me to sign the contract to which I did not and just walked away.

    I live in QLD, what do I do and what's the best way to handle this?

    Much appreciated
     
  2. Matthew Lynch

    Matthew Lynch Lawyer

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    It depends on the scope of your engagement as a contractor. If your contracting agreement was completely verbal then the terms of your verbal agreement will have to be ascertained, this may be established by emails, letters or other evidence. If your services were to provide client's which can be extremely grey. In terms of it being made from VCAT - it depends on which jurisdiction is appropriate - usually the place of business if there is no written contract specifying which jurisdiction would apply.

    I would be willing to review the VCAT request for you for no obligation and discuss the issue with you.
     
  3. Luwis

    Luwis Active Member

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    Hi Mathew, Thanks for the reply. I am happy for you to do so. How can I get in contact with you?

    Thanks
     
  4. Matthew Lynch

    Matthew Lynch Lawyer

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