NSW Sham contract / unfair dismissal?

[MONEYM]

I'm not entirely sure if anybody can help me with this but I figured can't hurt to find out if its worth pursuing.

I was employed for close to 6 years as a “independent contractor” although there was never any official contract between me or the company. I was made to go out and get a ABN and submit my own invoices every week & pay my own GST and I never received any extra benefits. I have 5 years worth of invoices and can prove I was under regular employment at this company.

I was also fired on the 8th of this month via text message for reasons that are completely false. I was given no notice of these reasons in the previous weeks nor was I given the opportunity to defend myself against this. Of course I can go a lot more in detail but I'm just curious do I have a case for unfair dismissal and sham contracting? Would this be something a professional would be interested in or am I better off just moving on?

Any help you could provide would be greatly appreciated.

Thank you.

 

[Rod]

If it is was me in your position, I'd see a lawyer for some advice.

It sounds very much like sham contracting and unfair dismissal. Move quickly though, you have 21 days from 8th Feb to lodge a claim and a lawyer needs some time to prepare it.

 

[Paul Cott]

Yes I agree with Rod, this sounds like you were in fact and in law an employee. And the Fair Work Commission really frowns upon a dismissal done by text message, in many cases. Act quickly and get some advice, the 21 days time limit is almost non extendable.

 

[Wikiwebs]

Yes I agree with Rod, this sounds like you were in fact and in law an employee. And the Fair Work Commission really frowns upon a dismissal done by text message, in many cases. Act quickly and get some advice, the 21 days time limit is almost non extendable.

For sham contracting there is no particular time limit under the FWA, but you should act promptly, preferably within 12 months, as evidence becomes 'stale' and there are other statutory limits that kick in after 6 years.