Holiday Care Issue

[rubiton]

Would have also suggested a call to legal aid for advice but if you are going to a solicitor then sounds like youve sourced your own legal info. If you signed something then they must have given you something back with the full agreement including payment terms (that includes the amount and when you would be paid).

Just aside if they were paying you a rate wouldnt that be ore of a casual employee than a contrctor? A Contractor would be asked to supply an invoice for whatever service was provided and that would be paid according to invoice terms.

[Nikki's Mum]

This is a straight out contractual relationship. If you agreed to act as a carer (whether a contract was signed or not) and you performed the services but were not paid for those services then it is a breach of contract. I'd go and speak to the Chamber Magistrate/ Registrar down at your local court or speak to legal aid regarding sending a letter of demand for the money or putting in a small claim - if you want to pursue it.

If you've signed a non-poach contract but not received any payment for the services then I'd question whether it would ever be enforceable or whether the business would go to the (considerable) expense of an injunction to stop you taking in the dog. They'd also have to know that you've taken in the dog.

This is a very good point.

To choice_brandy the victim of this saga. Non payment is also considered a breech of contract. Therefore, because you haven't been paid, there is breach of contract which makes the contract nul and void.

So, because you haven't been paid within the stipulated time in the contract the contract is nul and void. This then means that they have no claim on the non-poach clause. This means that you can board this dog without fear of repercussions and they have no recourse legally.

Personally, I would only board the dog 30 days after the elapsed payment due date. This then proves you have given them a reasonable time to rectify the non-payment. Also, it's very important that you keep all correspondence with company to prove that you have exercised credit control and tried to recover the money owed to you.

As for trying to recover the money.... Small claims court would be the best place.

Good Luck and I'm sorry that you got ripped off like this.

[Danois]

Nothing in their spiel suggests you are an employee. If it were worded properly it should say "employees, agents and contractors" - technically the disclaimers of liability do not cover you.

In any event - if you were an employee then a) you would not have been asked for an ABN but rather a TFN and b) you would have had to have been paid the minimum wage.

[Danois]

Non payment is also considered a breech of contract. Therefore, because you haven't been paid, there is breach of contract which makes the contract nul and void.

So, because you haven't been paid within the stipulated time in the contract the contract is nul and void. This then means that they have no claim on the non-poach clause. This means that you can board this dog without fear of repercussions and they have no recourse legally.

This advice is incorrect.

A breach of contract does not automatically render the entire contract null and void. It depends on whether the breach is capable of remedy and is remedied. Non payment is capable of remedy. If it is not remedied then you would be within your rights (and always subject to the contract) to terminate the contract.

Edited February 6, 2011 by Danois

[JulesP]

Advertise your services at the local dog club

[Rileys mum]

Sounds like a cruddy situation

My advice to you, coming from my employment within the justice system is get advice from a solicitor. Not from here As well meaning as people are, these situations are rarely black and white. And whilst from what you have described I believe you have a good chance of success, there are likely many clauses in the 'contract' and legislation that may need to be considered by someone with knowledge in this area.

Keep times, dates and copies of all conversations. Document everything you did for each specific dog and the circumstances surrounding how the dog came to you. Your solicitor will direct you towards any other useful things they will need.

All the best with it

[becw]

Perhaps you're not as outraged as me - but I'd name and shame them. Horrible way they've treated you, and they deserve bad publicity.

Edited February 6, 2011 by becw

[Sheridan]

Doesn't need to name and shame. I'm looking at the website now.

[Keira&Phoenix]

If it is the company I think it is (im pretty sure) they are a franchise and you should contact the head office and complain about this specific franchisee.

I think they would be mortified to realise one of their franchisees was treating minders like this. Report to them first might save you the hassell of going to a solicitor.

Edited February 6, 2011 by Keira&Phoenix

[Tim'sMum]

If it is the company I think it is (im pretty sure) they are a franchise and you should contact the head office and complain about this specific franchisee.

I think they would be mortified to realise one of their franchisees was treating minders like this. Report to them first might save you the hassell of going to a solicitor.

Definitely do this...contact the Head Office. Franchisees have specific rules they need to follow to retain their franchise...and not paying a minder would most likely be a breach of their contract with the the parent company.