Going to court complex GP case

[Jenny453]

Which court does one apply to for a complex case involving multiple general protections claims including sham contracting? Is there a good resource to help you fill out your form and plan your case when multiple protections breached and pay/award issues, question of who the employer is?

 

[Tim W]

Are you the worker, or the employer?
What's complex about it?

 

[Jenny453]

I am the ex- worker. I don't know who the employer actually is legally. It involves a lots of potential breaches. The first issue would be is whether it is a sham and identifying the employment relationship. The form is difficult to fill out with multiple parties

 

[Jenny453]

Not potential breaches, breaches and how many more

 

[Jenny453]

Sorry how many breaches

 

[Jenny453]

Which court does one apply to for a complex case involving multiple general protections claims including sham contracting? Is there a good resource to help you fill out your form and plan your case when multiple protections breached and pay/award issues, question of who the employer is?

There is no contract

 

[Rod]

Sounds like a sham contracting arrangement.

There is no contract

Most likely you mean no written contract.

You'd probably apply either in the Federal Court of Australia, or Federal Circuit of Australia to keep alive the GP portion of your claim.

You haven't told us what State applies, I am assuming WA from your other posts. The Industrial Magistrates Court of Western Australia can apply in some cases but I'm not in WA.

Have you met the timelines and had your FWC conference yet?

 

[Jenny453]

FW process nearly done. I requested 10 days hold time to try a advice. The two other main respondents appear to be in disagreement on who is the employer. Which the court will have to establish I think.
The complexity and parties means I should just go to FCA I think. They can refer back to FCC yeah?

How do I ad fill out the initial applications to include the two as employers or do I fill it out based and what my understanding is, and then add the other entity and individuals... Or should I attach a statement

There has been breaches of GP by both.. It's confusing to put down in the application clearly

 

[Jenny453]

It is a sham contracting arrangement because of so much confusion.but who knows what court will say. If not sham then who's the employer, once employer is decided then its a matter of who was responsible and who aided and abetted in the breaches of the act. Getting that down is proving a little difficult and how the Fca would want me to organise/communicate it.

 

[Rod]

The complexity and parties means I should just go to FCA I think. They can refer back to FCC yeah?

Complexity points to the FCA. The parties are not relevant. And yes, the FCA can flick the matter to the FCCA.

Australia's laws are not really update and lacks the concept of joint employment Will need a Labor gov't at the Federal level to see any substantive change. Courts have not been willing to declare joint employment.

Only one employer will be found. You are correct that under s.550 FWA another person can be held liable, but that is a person, not an employer.