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VIC What Can I Do If Fair Work Doesn't Help?

Discussion in 'Employment Law Forum' started by Hillcrest, 26 November 2014.

  1. Hillcrest

    Hillcrest Member

    26 November 2014
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    What exactly does Fair Work Australia do? They declined my claim and advised I seek legal advice. I thought they were there to help?

    First they told me to get proof of my casual employment, so I contacted the Australian Taxation Office ( ATO) for a Tax File declaration where the employer ticked Casual. Yesterday, I advised them that I have the proof so can they proceed with my claim. They said no. What do they do? Now do I need to seek legal advice? They owe me 2 weeks pay. I don't have money for a lawyer. Is there any other Government Department I can contact?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Which Fair Work did you approach? Fair Work Commission or Fair Work Ombudsman?
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  3. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Like Rod pointed out, you need to specify whether it's the Fair Work Commission or the Fair Work Ombudsman. Either way, both have limited jurisdictions as governed by legislation. For example, FWO does not have power to obtain compensation from an employer. This is a matter for the courts. The agency should have informed you, either by phone, email or mail, the reason for their decision not to take your matter further. What is that reason? If you are still unclear, call the agency up to enquire and ask for a re-assessment.

    If it falls out of the agency's jurisdiction then you may need to pursue the matter personally through the small claims court.
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