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 Apr 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 on this role, company had given me Informatica training under staff training and development. I worked for this company till 12th September 2014 and till 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 hard or soft copy of contractual agreement and kept ignoring my request for this.
Finally I decided to move and in the end of September I moved to Sydney to join another company. In December 2014, He called me and asked for one month salary and when I refused he threatened me to face dire consequences.
He again called me on first week of February 2015 and told me to pay other half of the fee of training for which I had approached him in May 2014.(In these months between May to Sep 2014, He had not given me training ). When I refused he sent me a mail and threatened me of legal action on the ground that I have used his company name on Linkedin and did not pay him rest of the money.
I have all of 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 not sure what to do.
Please advise me where do I stand in all the matter.
Facts do not reveal whether you were engaged on employment or for contract for service. If it is for contract for service, then file a suit for recovery of profits to which you were entitled. Your contract to pay fees for the course was superesed by the new contract for imparting training and sharing profit. Even if the contract is treated to be void for uncertainty then even under provisions of Australian Contract Act, similar to Indian Contract Act section 65, he has to refund the profits share earned by him. Australian Contract Act is adopted from UK as Indian Contract Act. Without knowing all facts it cannot be said whether you were employed with him and thus entitled to salary for the period.
From India, New Delhi
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