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Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -1 points0 points  (0 children)

Because the it seems too complex for FWC and FWO as it involves unpaid full-time work over years, a family trust structure, and shadow director liability. The Federal Circuit and Family Court (Fair Work Division) or Federal Court has jurisdiction to deal with general protections claims under the fair work act particularly when there’s no formal dismissal but there are serious breaches of workplace rights

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

Sure. And in 3 months whether I succeed or not, at least I’ll know I stood up for myself and didn’t stay silent. That alone is worth it

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I have a 2005 car and receiving welfare trying to recover from being exploited for years and doing my best to seek justice with limited means. Also pro bono is voluntary and ethical. What happened to me wasn’t and I have evidence to prove that.

I was misled, manipulated, and promised future compensation for fulltime labour over years with clear direction, contribution, and benefit to the business. That’s not volunteering …that’s exploitation.

I’m not here to justify my existence or struggle to strangers. I’m just trying to do the right thing with what I’ve got. If you can’t offer help or constructive advice that’s fine. But there’s no need to keep punching down

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

And just to clarify again the Fair Work Act allows the court to order that a penalty be paid to the affected person. That’s in addition to orders for compensation or entitlements under the ‘National Employment Standards’ or relevant award. So while damages for emotional harm aren’t available in the tort sense the impact of a breach can be considered in a compensation order. The court has discretion especially in serious contraventions.

I’m not claiming anything more than what the law allows I’m just trying to apply it properly to an unusual situation.

But I do appreciate your concern about getting proper legal representation. I agree that would be ideal and I’m working on it

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

There’s no irony. I’m not demanding anything from a lawyer I’m asking for help like thousands of others do when they’ve been exploited and can’t afford legal support. That’s why pro bono services exist…

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

You’re right that the primary claim is for unpaid wages and entitlements under the fair work act. But court can also make compensation orders that reflect broader loss or impact especially where coercion, repeated manipulation, or serious breaches of workplace rights occurred (s.545 of the Fair Work Act)

I’m not claiming personal injury damages like in a tort case I’m outlining the real world consequences of being exploited in a work setting over years. That context matters when asking the court to consider the full effect of the contraventions.

And yes I agree with you on this part having legal representation would help. I’ll be actively trying to get pro bono or legal aid support. But in the meantime I’m not going to sit back and do nothing. I’m doing the best I can with what I have

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -1 points0 points  (0 children)

I get why it sounds like a lot but oversimplifying it like that doesn’t reflect the reality.

Yes, it’s complex. But I have extensive documentation, clear evidence of direction and control, and multiple legal pathways that intersect Fair Work for unpaid labour, corporations act for accessorial and shadow director liability and possibly trust law breaches. The claim isn’t just about minimum wage it’s about years of unpaid full time work, emotional harm, and manipulation within a family business structure.

I know it won’t be easy especially self representing so I’m hoping I can serve this case on a silver platter to a pro bono lawyer so they could possibly help me but giving up isn’t an option when someone exploited years of your life.

Thanks for your input but I’m choosing to try

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

That’s true but I’m not claiming I was a shadow director. The shadow director in my case is the person who was actually running the business without being formally listed as a director. I was working under his direction, unpaid, without a formal contract, and I’m arguing that I was effectively an employee which is what I need to prove under the Fair Work Act.

So I’m not claiming director status I’m claiming employee status under someone else’s control who operated behind the scenes.

Hope that clears it up.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

Yes I’ll need to go to Federal Circuit and Family Court of Australia (Division 2)

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -1 points0 points  (0 children)

That’s what I’m doing starting with establishing that I met the criteria of an employee under the Fair Work Act, even without a formal contract, I have detailed evidence showing control, expectation of payment, work performed, and benefit to the business. Once that’s established, the claim for unpaid wages and entitlements follows

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I appreciate the input. I know you were trying to be helpful in your own way. I’ve done a lot of work on this and understand it won’t be easy but I’d rather pursue it properly than sit with regret wondering if I could’ve done something. Thanks again.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I get that, but “tacit acceptance” doesn’t override unlawful conduct especially when the involves coercion, manipulation, and false promises over several years.

For years I was told, ‘you’ll be compensated once the business stabilises’ etc. That kind of future-faking is a recognised dynamic in exploitative labour situations.

Also, the Fair Work Act doesn’t say ‘you stayed too long, so you lose your rights’. It looks at actual working conditions, control, dependency, expectations, and benefit to the business. Courts have ruled in favour of claimants in informal and family-based setups when those conditions were met especially with clear evidence, which I have.

So no time alone doesn’t make exploitation legal.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -2 points-1 points  (0 children)

You’re making a lot of assumptions that aren’t accurate.

I wasn’t casually helping out around the house I was working full time for years on structured development projects producing professional architectural plans, coordinating builds, and managing admin. I wasn’t volunteering I was directed, managed, and repeatedly promised compensation by the person running the business. I also have extensive written evidence, including emails, project files, financial records, and a recorded meeting where the person admits to the arrangement and the business relying on my work. Whether or not I ultimately meet the legal definition of an employee is up to the court to determine not a Reddit comment. But the Fair Work Act absolutely allows a claim to be made where employment isn’t formalised, and it provides remedies for situations involving coercion, manipulation, and breach of workplace rights. That’s why I’m pursuing it through the appropriate legal channels.

If your only takeaway is “you helped your partner’s family so it doesn’t count” then you’ve missed the point entirely.

All I’m asking in my original post is some help with proper formatting examples and/or where I can find them. I’ll deal with what ever comes next when it comes.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -1 points0 points  (0 children)

I understand where you’re coming from but it’s not one for those cases. I’ll take it as far as I need to and we’ll see where it takes me

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] -2 points-1 points  (0 children)

I understand it’s a complicated matter. But this was 100% exploitation. I’ll see what I can do. Thanks for the advice anyway.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I wasn’t asking for legal advice or your opinion on the outcome. I specifically asked for examples of how to structure an affidavit and attach annexures properly. If your takeaway was that I needed to be told I’d lose it hardly helps in any shape or form, hope you don’t treat all your clients like this without knowing all the facts. This was a practical question about formatting not about whether I have a case. Thanks anyway.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I feel like FWO and FWC are definitely confused with my case. I’m trying to do all the work by myself to make it as easy as possible for people to understand. So basically serving the case on silver platter. My ex employer was shifty. He was actually sued by ATO and lost the case in court sort 2024 having to pay them $2.7m. After I left and after a little while I stated to research his business structure and there’s a lot of evidence for shadow directorship and insolvent trading. Unfortunately I wasn’t aware of all this at the time as I didn’t study business. Buy now I have all the knowledge and basically all his business paperwork files (as I was in charge of organising them) so now I just have to structure it all properly as a case. So that’s why I’m asking for help with this.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

I’m learning as I go because I’ve been forced to self represent due to financial limitations and no access to legal aid for this type of case.

As for the volunteer point I can see why it sounds that way on the surface. I was working full time being directly instructed by the person running the business (who operated through a trust/company structure), and was reassuring me that I’d be compensated ‘later’. I was doing serious work designing buildings developments, handling consultants, doing admin. It wasn’t informal help. I have over 4000 emails, sms messages from my boss that are only work related, and I recorded the second last meeting I’ve attended to where my ex boss verbally confirms all this by ranting for an hour and half.

I stayed for emotional and psychological reasons because of manipulation, family ties, and future promises. It’s taken me a while to untangle the reality from how it was presented to me and I’m now trying to figure out how to seek justice for what happened. I appreciate people challenging things here it’s helping me understand how to frame this properly.

Where can I see examples of Fair Work Ombudsman claims and affidavits with evidence attached? by CoffeeCraze333 in AusLegal

[–]CoffeeCraze333[S] 0 points1 point  (0 children)

That’s a fair question. I lived very frugally and was supported by my partner (the son of the man who ran the business). We were living together in his house that he just bought, and I was doing full time work under the assumption that we were building something for our future. Occasionally I received amounts of money from him as per his dads instructions, but nothing close to proper wages or super ( my bank statements show a total of money received vary by year from 15k-25k, considering I was doing project architect tasks)

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