VIC Can an entry be refused, and clarification on unilateral contracts

Discussion in 'Other/General Law Forum' started by nipnet, 11 September 2019.

  1. nipnet

    nipnet Active Member

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    I hope this forum can assist us.

    My partner and I volunteered for a charity organisation.
    My partner still wishes to participate in an event for the organisation.

    Back in December we were both advised that we should take a 2 year sabbatical (forced-break in reality), and were provided a series of restrictions [which we have never agreed to].
    These restrictions include:
    - being involved with the organisation or any of their charity events
    - "this includes events nationally" - this organisation has a presence in other states, but each organisation is a separate entity

    Neither of us have stolen money from the charity, or anything else similar.
    The reasons provided for a sabbatical do not apply to us equally (one does not even apply to my partner), and we can show examples which refute most of the "reasons" provided - the reasons are high level, and no examples have ever been provided.

    My belief is the "terms of the sabbatical" is loosely a unilateral contract, which 'may' prevent us volunteering again (at the moment), but should not restrict ability to participate in events.

    My partner registered for the event she wants to participate in prior to the December date, so in effect has a legitimately accepted registration.

    The main questions are:
    - does the organisation need to provide the reasons, if they now cancel her event registration (can they cancel her registration)
    - can the organisation, place a restriction on us in other states of Australia, when the organisations are separate legal/business entities in each location - and are we entitled to see the correspondence that "may" have been sent
    - in the original "terms", it was written that the terms are confidential, and that if they are not followed they would review the terms (but I believe the terms are a unilateral contract - so dont hold a lot of weight) [I recently published a video, and disclosed the contents of the "terms" letter, and went through a series of examples refuting the key points.]

    Sorry this is so long.

    My partner and I are not terrible people - and she had volunteered and supported this organisation for almost 30 years.

    Our initial goal is for my partner to participate in the upcoming event.
    We then need to consider whether we can challenge the sabbatical in any way.

    But we are now stuck as to what we can, cannot do.

    Thanks in advance
    Vee
     
  2. Rod

    Rod Lawyer
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    As you are volunteering contract law is of no assistance to you - there is no contract.

    Charities are allowed a fair bit of scope in how they are run and don't see you having any legal recourse against them.

    re: Interstate charities. Approach them and see what they say.
     
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  3. nipnet

    nipnet Active Member

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    Unfortunately charities rely on having scope in terms of legal recourse.

    My partner just wants to participate in an event she has done every year for many years.
    There is no legal reason (ie, she hasnt threatened anyone, stolen money, or any other crime) which should prevent her from participating (not volunteering) for an event.
     
  4. nipnet

    nipnet Active Member

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    In terms of "contract law", I think they believe the "terms" they have supplied are a legal way to prevent either of us from participating.
     
  5. Tim W

    Tim W Lawyer
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    "Sabbatical" ?
    Church-related entity, is it?
    Or a secular NGO?
     
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  6. nipnet

    nipnet Active Member

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    Not a church, just a poor choice of word to describe a "force-break".
     
  7. Tim W

    Tim W Lawyer
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    What is the back story to this?
    What happened to lead them to doing this?
     
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  8. nipnet

    nipnet Active Member

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    Yes - a back story. (Very hard to outline it here.)
    I am going to post further in the Defamation Forum, as that is one of the prime reasons this ban was made.
     
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