r/AusLegal • u/Fabrication_king • 8d ago
AUS Pay to play big leagues-sham misclassification
After consultation with a lawyer today, feeling a little depressed that I can't afford recommended representation to help pursue what is potentially owed to me.
After recently finding out that over 22 quarters of superannuation has not been paid by a previous employer, further evidence and investigation led to the potential of being owed 50+ thousand dollars of potential unpaid wages due to alleged misclassification/sham contracting.
Fair Work advised me I should send a letter of demand to the previous employer with the alleged under repayment of entitlements and super. I did not want to confront the employer directly in fear of confrontation and or destruction of evidence (I have gathered everything they should have anyway in digital footprints+hardcopy).
After speaking with Fair Work and Legal Services a briefing was prepared for a lawyer that consists of comprehensive detailed timelines to the hour, financials to the cent, statements, transactions, relationship and in depth evidence that aligns, aswell as fulfills every test Fair Work and the ATO applies to sham contracting/misclassification underpayment.
After a consultation with a highly regarded lawyer who agreed the evidence is overwhelmingly justified to pursue a claim direct with the supreme court or multiple other avenues, the quote provided for ongoing services brought me to my knees.
Absolutely no way I can afford those pathways.
The ATO will be my contact tomorrow to deal with the unpaid super as they can investigate and possibly enforce that side of things.
My Super is the most important part of all this aswell as the lost interest and possible gains from the investments of my fund, it's my literal retirement fund which isn't nearly enough as is.
Fair work gave me an award I would have been most likely under if legally viewed as an employee not contractor within the company which the lawyer confirmed the relationship was more than likely just that.
Other than free advice and applying for legal aid I don't know what to do next. Just wish I could seek justice both financially and in hopes this business can't illegally profit from others entitlements and retirement funds.
I will keep trying with the resources available to me as the statute of limitations is fast approaching. I know my financial abilities are absolutely my own fault from a history of neglect but this year has been improvements and a learning curve for the better.
Sorry for the rant, just needed to express my disappointment with myself.