Young fella

[Cliff Rogers]

Al, I'd be getting in contact with your solictor, just to protect yourself.

This boy sounds like he's been coached, but has made an error with "back ache for ages" text. I'd see a solictor and maybe contact the Vico Workcover mob to protect yourself.

I'd ignore him to death....
If he is a subbie & he quoted an ABN then Workcover aren't interested.
Keep asking him for a copy of the invoice til he gets the message that 2 can play the game.

[journeyman Mick]

....If he is a subbie & he quoted an ABN then Workcover aren't interested.......

Cliff,
don't know what the go is in Vic, but in Qld if you are trading a sole trader, and do not provice a readily identifiable component of a job (ie, you're on hourly rate or piece rate and you're not being paid for a result) then workcover deems you to be an employee, even if you've got an ABN and your own insurances, licenses etc etc.

Mick

[Stuart]

young fella.....

most of the newer fones can be hooked up to the computer either by blue toothe or by a cable. then you just copy and paste or something like that. because when it is hooked up to the computer, you can access the messages and images etc on your fone.

if you've got an old fone, i dont think they can be hooked up so just type it in.

hth

btw, good luck with it ( the workcover case that may come out of it)

Spot on Stirlo.

However, Al, definitely do keep it in the phone, as if there are proceedings, you don't want just the text, you will need the hidden headers etc that identify where the message came from. Hopefully they are retained in the original SMS.

As far as the young #### is concerned, I didn't realise SMS was a legal method of communication. I would expect that he would be required to notify you in writing of his intention to discontinue working for you in whatever capacity.

[Clinton1]

Al, what age was he?

[ozwinner]

Al, what age was he?

18 or 19.

I found out from another brickie working on the site next door that the labourer used to work for a gang of brickies that sat down all day doing nothing. :eek:

It would have been a shock to his system when he came to work for me.

With a good labourer I can put in about 1500 bricks on the long runs per day, thats 12 batches of mud plus bricks plus raking/brushing.

No wonder he buggered off.

Al

[Clinton1]

I would have killed (or at least maimed) for a chance to get a trade when I was that age.
There was about 60% unemployment in the 17 - 24 year age bracket where I grew up.

I lined up to submit a job application for 2 council apprenticeship - bloody line was around the block and they got about 700+ applications for 2 jobs.

A bit different in the trades now.

[Sturdee]

I'd ignore him to death....
If he is a subbie & he quoted an ABN then Workcover aren't interested.
Keep asking him for a copy of the invoice til he gets the message that 2 can play the game.

Al,

From what you said there is no way he could be considered to be a subbie neither could he be employed under an ABN, in my opinion he would be considered to be an employee under both tax laws and workcover laws.

I would pay him as an employee for the work done and deduct tax according to law from his wages. On the basis that no installment declaration has been lodged with you.

Also immediately upon receipt of a claim for workcover lodge full details with your claims agent and meanwhile save and do not delete the text messages received.

Any irrelevant delays about invoices or delay in payment of wages owed by you could land you in deep trouble.


Peter.

[Skew ChiDAMN!!]

In your shoes, I'd play it straight down the line. He sent the invoice? Pay him. I'd cover my butt by keeping the SMS (saved on the phone) but that's as far as I'd go. IF a workcover claim comes in, then I'd follow through. But if it doesn't, he's been fairly honest and I have been playing the bastard, then should it come to small-claims court, well... he ain't the one who'd be paying costs.

That's the problem with pre-emptive strikes... if you misread the situation then you come off looking like the American Foreign Policy. An arrogant a/hole.

[HappyHammer]

just get the message up and find "save message" and keep it on ya fone if needed some smarty pants lawyer could take a photo of it for court records?

Or just take a photo of it yourself

HH.

[Auld Bassoon]

Al, don't pay just yet, wait til you get the next threat, & then write him a letter & tell him you lost the invoice & can he pls send another one.
Then, don't pay just yet, wait til you get the next threat & then wait til the 'other hands' contact you & tell them you "don't have a copy of the original invoice & could they get one please?"
Then, wirte him & his other hands a letter asking for another copy of the invoice every day for a month & post it without a stamp or a return address.
Don't use SMS, he'll get the message & so will the 'other hands,' they will wipe him like a dirty nose.

Been there Cliff?

[Auld Bassoon]

With a good labourer I can put in about 1500 bricks on the long runs per day, thats 12 batches of mud plus bricks plus raking/brushing.

Al

Gee, Al! That's around 3+/minute. Fast mover eh? As you said, that may have been a bit of a bombshell to the little tu#d

[ozwinner]

Settle down guys, I payed him as soon as I got the invoice.

He trades under the grand title of " P & L Bricklaying" or someting like it.
I did an ABN search with the ATO just to confurm that the little scrote actually has a ligite ABN.

You work, you get paid, thats my belief anyway, pity some builders I work for dont go by that rule.

I never had the intentions of not paying him, I was just suprised by the change in attitude. :confused:


Al

[ozwinner]

Gee, Al! That's around 3+/minute. Fast mover eh?

Im just a blur when Im going hard at it.

Al

[Lignum]

You work, you get paid, thats my belief anyway, pity some builders I work for dont go by that rule.

Or people who order furniture and make life very difficult when it comes to paying

[Auld Bassoon]

Im just a blur when Im going hard at it.

Al

At work too, it would seem