NSW Jurisdiction Fair Work

[BarryK]

Hi,
I worked as Indep contractor over 7 years (with some time as a casual in this period circa 18 months) and was stood down due to COVID (Mar2020) . not entitled to JobKeeper , did some piece work for the company using there van through to July, was invited back in August for couple of shifts per week on same pre COVID terms then was told not to come in after 1 shift. Didn't hear from the company at all except for social calls from GM and then in Nov 2020 saw ad on SEEK for my job. I rang the asking what's up and no response. I submitted unfair dismissal claim in Dec20 but now they are saying out of time and prejudiced to employer.

Now having a jurisdictional hearing in coming weeks.

I have nothing in writing from them, they say I wasnt dismissed as not employee but havent received 4 weeks notice in writing as per contract terms.

what are relevant precedents in this area that support my claim where they state out of time , there was no start date to 21 days time limit as nothing received in writing and how can they claim prejudice if they had ample opportunity to advise me its over

any help appreciated

Thanks

 

[Rod]

You need to sit down with an employment lawyer to go through your facts to work out if you are a contractor or employee.

 

[Jenny453]

Just be honest and say what happened. How you got the job, what you do, what you expected from the arrangement, why you feel confused.. might help to write it down first.

 

[Jenny453]

You may want to read the general protections benchbook, it sounds like you were working as a casual and might be still on the books in regards to the arrangement a GP claim as an employee not terminated might be better. Do you have an idea of why they suddenly started to give you work?

 

[Jenny453]

Sorry, not give you work.