QLD Missing pay and breach of contract and sponsor regulation

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Finn Paulsen

Member
10 July 2019
1
0
1
Hi.

I have been fighting a legal battle against my former employer in Brisbane since 2016. I transferred my 457 visa from my former employer to this employer in Brisbane in Feb 2016.
In Aug. 2016 my new employer decided not to pay my salary as I was told I was making a big enough monthly commission. This is a breach of my employment contract and the 457 regulation. I played along so I could get my PR, but then the company also decided to lower my commission from 50% to 32%. So my salary was taken away and my commission was changed without any justification.

In 2017 I won a discrimination case with QCAT as my company used my visa against me.

Since 2017 I have worked on my legal matter regarding the missing pay of salary and change of commission. My lawyer has buld a case for the Federal Circut Court, but for personal/health reasons she can't continue with my matter.

Is there really no help to get from the public sector??? I have contacted Fair Work Australia and QCAT for legal help but they say they cant help me. I got evidence for a strong case, including the company breaching my contract and not paying my salary and I've got recordings of the QLD state manager using my visa against me.

My missing pay and commission is roughly $75,000.00 plus all the legal fee's I had to pay. There is a lot more information regarding my matter, but the above is the highlights.

As you can imagine this matter has cost a lot of money and it's financial hard for me to continue.

What is the next best step for me to do?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Get another lawyer. There is more than one good lawyer in QLD handling employment law.

Sure, it will cost a bit to get them up to speed, but if you want your money you have to do this.

Consider taking action outside of the Fair Work Act (ie contract law) so you can also seek costs/damages against the other party.

I'd be prepared to assist but I'm in Vic. Better to stay local if you can.