VIC Should I take this offer or Goto Court

Discussion in 'Employment Law Forum' started by Gutz, 14 December 2018.

  1. Gutz

    Gutz Member

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    Hello all,

    Thank you in advance for reading this and for any answers.

    I also apologies for the long post.

    I was employed a company to work for another company, I was seen as a contractor. Although after speaking with a lawyer apparently if you work at the same place doing full time hours for just on 3 years the courts are starting to see this as not being a contractor but the business abusing the rules of this.

    After around 3 years of work I started to get alot of anxiety and I was pretty depressed and moody. It got to the point we're going to work was causing me to have panic attacks so I decided I needed to take time off and try and address my issues. I took holidays of which I had 200+ hours saved. I was off work from about March - the end of April when I received a call from my manager saying the boss told him if I'm not good enough to come baxk to work now to just get rid of me, the manager said he wasn't going to do that because it was not fair, the boss replied with if you dont I'll find someone that will essentially theating his job.

    After this my depression and anxiety got alot worse. I became suicidal and was admitted to a mental health clinic for a few months trying to deal with my issues/feelings. I have had these issues for awhile so I am not blaming them for creating them but they exacerbated them and used the loop hole of me being a "contractor" to remove me from my position with no consequence.

    I finally today had a conciliation phone call with my lawyer, the Victoria human rights Commission and both parties that we're responsible gof my employment. Our initial offer was $85,000 but the main offending employer was totally unwilling to pay anything until after discussion they witteled our offers down to around $10,000. We decided to temporarily settle with this until we work a few taxation things out.

    After time to think I believe the employer does not want to Goto Court cause they may lose but this company does not want to be seen negatively by the media etc. I believe they knew I would be brought down because I wouldn't be able to afford court.

    My questions are should I take this offer considering around $5000 will Goto my lawyer and the remaining will most likely get taxed because they would not accept this as general damages. Or should I take this to court?

    I didn't think at the time but my lawyer was ok with the figures because they will get what they are owed with that settlement and they haven't had to do much at all.

    The only reason I am unsure about court is they have millions of dollars but I don't so if I potential lose i will be put into significant debt I am assuming because of court fees.

    Can anyone give me an idea of how much court would cost me for something like this?
     
    #1 Gutz, 14 December 2018
    Last edited: 14 December 2018
  2. Rod

    Rod Lawyer
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    No-one online can realistically answer this question.

    And you should be talking to your lawyer about costs.

    Costs vary widely between law firms and for all work up to and including a fully contested trial expect anywhere from $30K to over $200K.

    I note that $5k to get you to a mediation session is more than reasonable.
     
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  3. Gutz

    Gutz Member

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    Thanks for your reply Rod.
    What did you mean by 5k to get me to a mediation is reasonable?
     
  4. Rod

    Rod Lawyer
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    You said this:

     
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  5. Gutz

    Gutz Member

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    Thanks for clarifying. I'm ok with their fees although they didn't get me to mediation I did that my self.
    Thanks for your info all the same. It's appreciated
     
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