VIC Not Working for Eight Months - What are My Employee Rights?

[Georginio]

Hi,

First of all, thank you to the kind lawyers who help in this page.

I’m an educator and I do my work in my home (family daycare - self-employed) and we must do this work as a self employed contracting with a registered company.

I have been on an overseas holiday for 2 months and I gave notice to the company about that, but for some out of control reason, I extended my holiday for one and a half month more.

After I came back, they refused to let me work again without telling me the reason and after one month, they said, "we refused to let you work because of your long holiday but (don’t worry!) you will start your work next two weeks".

Two weeks later they said, "Ooh sorry, maybe in the next two weeks. You don’t have to worry!"

And this lasts for eight months!!

Now, I gave up.

What should I do?

Please help as I don’t know my employee rights...

Thanks.

 

[Rod]

Not enough detail to know.

There may be sham contracting, breach of contract or some other kind of employment related claim.

If you do not want to give details online, pls contact me.

 

[Tim W]

I agree with @Rod... not enough detail.

1. Sham contracting is on the table.
2. Either way, your job is gone. Get a new one. They can't stop you.
3. Were you a casual?
4. No attempt on their part to contact you in all that time?
5. No attempt on your part to contact them?

 

[Georginio]

Thanks for all.
I really don’t know what details to say but I’ll try to explain

I Cannot find another company to work with easily ( I tried a lot ) as it is must be registered company approved by the government ( government give each company a limited number of educators) so they refused to let you work with them due to high number of job applications.

The company I worked with came to inspect my house 4 months ago and ask me to buy more safety equipment and toys which costs me $1500+ and asked me to do my insurance and renew my certificate .. ect which cost me $$$ but they still ( deceiving me! ) I asked them if they will let me work or not so i can ask Centrelink for social security payment instead of waiting for nothing! But they said (No) you don’t have to do this you will work next two weeks just wait please!

There is a contract between us but I’m not good with law To know what exactly my rights.

 

[Atticus]

Maybe let them know that you will be contacting Fair Work Australia to look into the matter, & providing names >>>> Welcome to the Fair Work Ombudsman website

My guess is that this outfit wouldn't be too keen on that scenario.... In the meantime, keep looking for alternative employment, because this mob clearly doe's not value it's workers