A member asked over 7 years ago

'ABN Dismissal'

I am currently working under my ABN for a security company. Working onsite for one particular client, over the course of about 2 months, I was having difficulty with keeping consistent offending minors offsite. They were abusive, endangering others, committed theft and there were other issues. What resulted in my dismissal is when one minor attempted to cause injury and threw a rock, narrowly missing me. I arrested the minor, kept them under arrest and contacted police. I did this all legally but was dismissed because of 'the way I handled it'. Is this lawful? I am now in financial hardship.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The law is designed to ensure workers’ rights are protected. A person cannot have their employment terminated in a harsh, unjust or unreasonable way. If this happens, the worker can lodge an “unfair dismissal” claim with the Fair Work Commission (www.fwc.gov.au) within 21 days of their employment being terminated. However, an unfair dismissal claim is only available to employees (not independent contractors) who work on a full-time, part-time or regular casual basis. Other eligibility criteria relating to length of employment and the size of the business may also apply.

From the information you provided, it appears that you are an independent contractor, rather than employee. If you were providing services to the security company as an independent contractor, you are not eligible to lodge an unfair dismissal claim.

You should check the terms of the contract under which you agreed to provide services to the security company. It may contain provisions relating to the circumstances in which the company can end your engagement as an independent contractor. If the company has acted within the scope of this agreement, then it is unlikely that they have acted unlawfully. However, if you believe the company has acted outside the scope of your agreement, then you may have a right to some kind of legal remedy.

Suggested way forward

You should consider speaking to an employment lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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