Non-Payment for Labouring Work. What Options Are Available?

LDonWook on 12/09/2019 - 23:02
Last edited 16/09/2019 - 22:28

Hey all, I recently did some labouring for an individual after having worked with him before. The previous time I sent an invoice and he paid. This time I'm getting the silent treatment and most likely will not pay me. What options do I have to pursue payment. I've read what i could and so far I plan on going to free legal aid center for advice. I think there is a small claim court option available. Is this about it or is there other avenues available? Thank you.

Update: Thank You all for responses. I made a final attempt with an email, text and a call. He answered and sent the payment same day. Some people man.

Education & Work

Comments

  • qwerty on 12/09/2019 - 23:21

    Fair work Australia

    • whooah1979 on 13/09/2019 - 05:51
      +2

      Does FWA help with B2B disputes?

      Perhaps the QCAT is better option.

    • JimmyF on 13/09/2019 - 09:47

      nope its a invoice job, so sub contract arrangement.

      • one man clan on 13/09/2019 - 11:34

        Doesn't mean he's not an employee. Really depends on all of the factors of the relationship

        • JimmyF on 13/09/2019 - 15:58

          Its adhoc work, not an employee.

          • one man clan on 13/09/2019 - 16:13

            @JimmyF: Doesn't work that way, plus we don't have sufficient information to figure it out. He could be an employee.

    • Hardlyworkin on 13/09/2019 - 17:31

      Who is that?

  • ssquid on 12/09/2019 - 23:21
    +2

    Bikies.

    • Ugly on 13/09/2019 - 08:36

      or CFMMEU?

      • weezlebub on 13/09/2019 - 09:52
        +4

        same thing

  • TRAVELO on 12/09/2019 - 23:53
    +3

    Letter of Demand first, through registered post. keep receipt. If that fails, you do have the option of small claims court for a nominal fee where costs can be awarded too.

  • screensaver on 13/09/2019 - 02:33
    +1

    Me and my friend worked all weekend delivering pamphlets once and the company never paid us. My friend was my boyfriend at the time. He paid me some money out of his own pocket and let it go. Lesson learned. They actually called us to deliver more.

    • pjetson on 13/09/2019 - 12:27

      My friend was my boyfriend at the time

      Have you upgraded?

      • screensaver on 13/09/2019 - 15:41

        I guess he didnt want me to make a scene and do something stupid

  • FoxJump on 13/09/2019 - 02:43

    Where's that video of the guy demolishing things when he didn't get paid?

    • whooah1979 on 13/09/2019 - 05:54

      Op should be careful before damaging property that they don’t own.

      • EightImmortals on 13/09/2019 - 07:36
        +11

        Agreed, make sure to wear a hard-hat and safety boots at all times.

  • AustriaBargain on 13/09/2019 - 05:29

    When payment terms on your invoice have expired then do whatever people normally do when customers haven't paid and ignore reminder letters.

  • onetwothreefour on 13/09/2019 - 06:17
    +1

    Wouldn't a debt collector be the easiest option? It is might not be back cheapest but at least you won't have to take time off work to go to court.

  • JimmyF on 13/09/2019 - 09:49
    +2

    I'm getting the silent treatment and most likely will not pay me

    As in they haven't replied to your email/invoice or you have called them and they are ignoring you?

    Your first point of call is to call them and ask for payment.

  • weezlebub on 13/09/2019 - 09:54
    -1

    ask them (any mutual friends?)

    send a late notice
    send a letter of demand
    lodge with magistrates court (30$ lodgement fee from memory)

    sounds like a few of the guys in south australia

    • JimmyF on 13/09/2019 - 15:59
      -1

      30$

      Whats 30$? Do you mean $30?

  • Baysew on 13/09/2019 - 09:56
    +3

    How much are we looking at?

  • peterpeterpumpkin on 13/09/2019 - 11:53

    This is a bit different to my area of expertise. I rarely work for individuals (outside Gumtree/Airtasker) and normally get screwed by labouring agencies (80% of the time), and my persistence always pays off. Never had to produce geolocation evidence, witnesses or anything of that nature though, and their obligation to myself was only in the hundreds (but thousands for them once other workers go their fair pay). Let's just say the internet has shifted ownership of reputation to the internet savvy public, and "hell hath no fury like a worker scorned".

    For amounts you believe the employer can afford but is simply ignoring, persistence is key. Imagine if you received friendly reminders by email and SMS for over a year, with the occasional phone call pretending nothing is wrong. For individual employers getting ready for bankruptcy this won't have much of an effect.

  • baileeh on 13/09/2019 - 14:57

    Have you tried writing into A Current Affair?

  • [Deactivated] on 16/09/2019 - 22:17

    Valuable lesson, dont bite off more than you can chew mr savvy businessman

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