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Is this legal?

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aevan6 View Drop Down
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Joined: 04/June/2012
Location: Australia
Posts: 2
  Quote aevan6 Quote  Post ReplyReply Direct Link To This Post Topic: Is this legal?
    Posted: 04/June/2012 at 22:08
Myself along with 50ish other workers were recently sacked from our workplace. We were given no reason other than "your assingment has finished" as we were contracters. We were given 1 days pay as "goodwill".

Prior to the mass firings, a group of 12 of us were individually interviewed. During the interviews they were hinting that some of the things we (as a group) were doing on a day to day basis may not have been legal or within company rules. However everything they mentioned was something that our management encouraged/rewarded us to do. As all the employees work on a contractual basis at this place i understand that they dont have as many rights as somebody that is permanently employed there, however i read somewhere that contracters/casuals who work at the same place full time for a year have certain rights. Is this true?

Basically i was wondering if by law they have to provide us with a reason we were fired?

and also if we are entitled to any pay outs?

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 04/June/2012 at 22:27
Are you individual contractors or are you employees of a company that is contracted by the builder?

If you are individual contractors what does your contract say about how long you are contracted for? What does it say about termination?

Are you in a union?
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

aevan6 View Drop Down
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Joined: 04/June/2012
Location: Australia
Posts: 2
  Quote aevan6 Quote  Post ReplyReply Direct Link To This Post Posted: 05/June/2012 at 08:36
We are employed on a contractual basis by a recruitment company, but we worked on a full time basis for a telecommunications company. We are not members of any union.

StandTall View Drop Down
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Joined: 13/July/2011
Location: WA
Posts: 1223
  Quote StandTall Quote  Post ReplyReply Direct Link To This Post Posted: 05/June/2012 at 11:29
Labour hire only has to give you a few hours notice from my past work experience with them.

You receive no payout except for a few hours max if terminated immediately on the spot.

They don't have to give you any reason for cancellation of contract.

boony View Drop Down
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Joined: 15/April/2009
Location: Australia
Posts: 502
  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 05/June/2012 at 14:33
You work as a temp you are not entitled to redundency/payout/etc but get paid above average wages. However some companies also rort the system.

What is the name of the contract? Independent contractor? Maybe it was a sham contract arrangment. Have a look at the Fair Work Ombudsman site below.

http://www.fairwork.gov.au/employment/independent-contractors/sham-contracts/pages/default.aspx

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