Hi,
I have a situation to discuss with professionals/experts, and I need valuable advice. I am a PR of Australia and had landed in Melbourne in April 2014.
In May 2014, I approached a company in Melbourne for Big Data Analytics training. I had paid half of the fee in advance. Looking at my profile, the owner of the company offered me a contractual job to teach, mentor, and counsel other students of his training company. He told me that he would give 50% of the student fee.
While in this role, the company had given me Informatica training under staff training and development. I worked for this company until 12th September 2014, and until this date, he had not given me a single penny. I was doing all of his work for free. The training company owner did not give me a hard or soft copy of the contractual agreement and kept ignoring my request for this. Finally, I decided to move, and at the end of September, I moved to Sydney to join another company. In December 2014, he called me and asked for one month's salary, and when I refused, he threatened me with dire consequences.
He called me again in the first week of February 2015 and told me to pay the other half of the fee for the training for which I had approached him in May 2014. (Between May and September 2014, he had not given me training.) When I refused, he sent me an email and threatened me with legal action on the grounds that I had used his company name on LinkedIn and did not pay him the rest of the money.
I have all the email exchanges between him and me relating to all the tasks that I had performed while doing his job.
I feel threatened and harassed and am not sure what to do.
Please advise me on where I stand in this matter.
Thanks in advance
From Australia, Sydney
Acknowledge(0)
Amend(0)
I have a situation to discuss with professionals/experts, and I need valuable advice. I am a PR of Australia and had landed in Melbourne in April 2014.
In May 2014, I approached a company in Melbourne for Big Data Analytics training. I had paid half of the fee in advance. Looking at my profile, the owner of the company offered me a contractual job to teach, mentor, and counsel other students of his training company. He told me that he would give 50% of the student fee.
While in this role, the company had given me Informatica training under staff training and development. I worked for this company until 12th September 2014, and until this date, he had not given me a single penny. I was doing all of his work for free. The training company owner did not give me a hard or soft copy of the contractual agreement and kept ignoring my request for this. Finally, I decided to move, and at the end of September, I moved to Sydney to join another company. In December 2014, he called me and asked for one month's salary, and when I refused, he threatened me with dire consequences.
He called me again in the first week of February 2015 and told me to pay the other half of the fee for the training for which I had approached him in May 2014. (Between May and September 2014, he had not given me training.) When I refused, he sent me an email and threatened me with legal action on the grounds that I had used his company name on LinkedIn and did not pay him the rest of the money.
I have all the email exchanges between him and me relating to all the tasks that I had performed while doing his job.
I feel threatened and harassed and am not sure what to do.
Please advise me on where I stand in this matter.
Thanks in advance
From Australia, Sydney
Acknowledge(0)Amend(0)
Facts do not reveal whether you were engaged in employment or for a contract for service. If it is for a contract for service, then file a suit for the recovery of profits to which you were entitled. Your contract to pay fees for the course was superseded by the new contract for imparting training and sharing profit. Even if the contract is treated as void for uncertainty, then even under the provisions of the Australian Contract Act, similar to the Indian Contract Act Section 65, he has to refund the profit share earned by him. The Australian Contract Act is adopted from the UK as the Indian Contract Act. Without knowing all the facts, it cannot be said whether you were employed with him and thus entitled to a salary for the period.
Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)
236Thanks,
Sushil
From India, New Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Register and Log In.
Employer-employ ee_866.jpg
Employer-PF-res trict to wages of Rs 6500.pdf