NSW Sham contract / unfair dismissal?

Discussion in 'Employment Law Forum' started by MONEYM, 11 February 2019.

  1. MONEYM

    MONEYM Member

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    I'm not entirely sure if anybody can help me with this but I figured can't hurt to find out if its worth pursuing.

    I was employed for close to 6 years as a “independent contractor” although there was never any official contract between me or the company. I was made to go out and get a ABN and submit my own invoices every week & pay my own GST and I never received any extra benefits. I have 5 years worth of invoices and can prove I was under regular employment at this company.

    I was also fired on the 8th of this month via text message for reasons that are completely false. I was given no notice of these reasons in the previous weeks nor was I given the opportunity to defend myself against this. Of course I can go a lot more in detail but I'm just curious do I have a case for unfair dismissal and sham contracting? Would this be something a professional would be interested in or am I better off just moving on?

    Any help you could provide would be greatly appreciated.

    Thank you.
     
  2. Rod

    Rod Lawyer
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    If it is was me in your position, I'd see a lawyer for some advice.

    It sounds very much like sham contracting and unfair dismissal. Move quickly though, you have 21 days from 8th Feb to lodge a claim and a lawyer needs some time to prepare it.
     
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    Paul Cott likes this.
  3. Paul Cott

    Paul Cott Well-Known Member
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    Yes I agree with Rod, this sounds like you were in fact and in law an employee. And the Fair Work Commission really frowns upon a dismissal done by text message, in many cases. Act quickly and get some advice, the 21 days time limit is almost non extendable.
     
    Tim W likes this.
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