Scott’s Story

Scott believed his wages and superannuation were not fully paid, so he searched for legal support.

Scott moved to Australia from North America and was working as a casual waiter in a restaurant for eight months. After sustaining an injury at work, his work hours dramatically decreased. He emailed his manager about this issue but the next day, was informed that, due to a ‘lack of work’, his services were no longer required at all.

Scott applied to and attended a conference at the Fair Work Commission. He believed that his employer terminated him because he enquired into his workplace rights and work hours. He also believed his employer owed him unpaid wage entitlements as he had not received any superannuation and part of his wages. At the conference with Scott and his former employer, neither party could agree on a settlement amount. The next option was to apply to the Federal Circuit Court in the Fair Work division.

After searching for legal assistance online, he found the Self Representation Service of Justice Connect. He then contacted the Service and because he was eligible for help, the Service arranged a one hour appointment with a lawyer trained in pursuing unpaid entitlements.

The Service provided Scott with advice on pursuing unpaid wages in the Federal Circuit Court. Further, they explained the process for reclaiming unpaid superannuation payments. In particular, the Service assisted him in drafting his application for court and preparing supporting documents. The Service also explained to Scott the procedures in the Fair Work division of the Federal Circuit Court, so that he would know what was likely to happen at court. After his appointment with the Service, Scott successfully lodged his application.

“Without your help I wouldn’t have even started proceedings … I wouldn’t have made it this far without you.”

Scott then had to prepare for his hearing. He sought further support from the Service. A second appointment was arranged for Scott to understand the next steps at court, including his options if his matter went to mediation. As he hoped to settle his matter as soon as possible, the Service  also provided him with advice on how to make an offer of settlement and what he should keep in mind when trying to settle his matter. With the advice provided, Scott made an offer of settlement two days before his hearing. Both parties agreed on a settlement amount and Scott happily discontinued the matter when he received payment. He told the Service, “I am extremely grateful for your assistance with my matter. Without your help I wouldn’t have even started proceedings. Also, as a result of this process, my previously unpaid superannuation has magically appeared in my super account. I can’t thank you all enough for the help. I wouldn’t have made it this far without you.”