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QLD Pub Poaching from Agency - What to Do Under Commercial Law?

Discussion in 'Commercial Law Forum' started by prosurfer, 3 August 2016.

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  1. prosurfer

    prosurfer Active Member

    15 December 2014
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    Some time ago, I set up an agency organising lingerie girls to come to work in a pub. As such, I invoiced the pub management each week for the girl supplied and paid the girl, taking a small percentage as an agency fee.

    Recently new management have taken over the pub and they have decided not to use my services. I have just discovered they are contacting the girls I spent a lot of time booking, attracting and organising to work at the pub to come and work directly for them or for them through another agency. I spent a lot of time and efforrt finding girls and persuading them to work at the pub. I feel that I should invoice the pub every time they use one of the girls I found and contracted.

    Where do I stand legally on this under Commercial Law?
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Your rights will depend on the contracts you have the Pub and the girls. Unless you have a 'no poaching' clause with the pub and/or a 'no working directly for client' clause with the girls, you probably don't have any rights.
  3. Tim W

    Tim W Lawyer

    28 April 2014
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    Unless you have exclusive representation of the girls,
    which is a matter of contract between you and them, and
    some sort of "no poaching" deal with the venues,
    which is a matter of contract between you and the venue,
    then you are basically nowhere.

    Bear in mind that unless you are a labour hire firm
    (you might be, but you probably aren't),
    or are otherwise directly employing them, even as simple casuals,
    and even if their workplace might vary day to day* (which you might be, but probably aren't)
    then, as a booking agent, it's you who works for the girls, not them for you.

    * Similar to what happens with people who operate on-site catering for functions

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