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VIC Do I Have Any Grounds to Sue Franchise?

Discussion in 'Australian Consumer Law Forum' started by Johnathon Cuttbert, 9 August 2016.

  1. Johnathon Cuttbert

    9 August 2016
    Likes Received:

    I have been in Australia for 8 yrs and currently a citizen. I have been a professional cleaning at the likes of Cafe, Schools, etc.

    My Issue:

    One of my cafe jobs didn't pay me for 3 Months, so I went to VCAT, which stood by me and finally I got paid. I got the cleaning contract from a cleaning franchise, and I am a Franchisee as well.

    Now the reason why I want to sue the Franchise is because when I didn't get paid for three months, I called the main office and they told me to wait until Wednesday and to stop cleaning if I don't get paid. So I didn't get paid and I stopped cleaning.

    The very next day, the franchise put another cleaner at the job even though the reason I stopped cleaning was because the employer wasn't paying me.

    How this franchise works is you pay them a certain amount and then they gave you a specific amount of work. I paid $12,000 to get this $2,000 cleaning job at this cafe 3 years. ago. What I think they have done is remove me from the equation and then sold the same contract to another franchisee.

    Do I have any grounds to sue them?

    Thank you for all your suggestions.
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Quite likely. Recommend you see a solicitor as they will need to read the agreements and ascertain exact dates and look at standard business practices in order to give accurate advice.

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