Recent Feedback
I am a franchisee who has terminated my business. The Franchisor has withheld 4 weeks remuneration for failure to give four weeks notice. Remuneration is paid weekly.Is this legal?
Optional Information: State/Territory: Queensland Already Tried: I have not made any formal approach to the Franchisor as yet I need to know whether I have a case.
Good Evening,In order to obtain the answer to your question you need to look at the franchise agreement that you entered into with the franchisor.This should be a clause in the agreement headed termination by franchisee and it will set out what you are required to do if you choose to terminate the franchise.If it says you must give 4 weeks notice them this is a condition of your termination.It should then go on to advise what the franchisor has the right to retain if you fail to comply.If the contract does not have any such clause, you are within your rights to terminate without giving 4 weeks notice and to be paid everything that is outstanding.Because I do not have a copy of your agreement I am unable to give you anything more specific than what I already have.I hope this is of assistance. If you have any further questions please do not hesitate to contact me.Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work. At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid. I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience. If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied. I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.
There is no franchise deed in existance. The deed has never been executed and exclusive rights for the franchise territory have never been formally granted by a deed. Does this change the situation?
Good Evening,If there is no agreement he has no right to withhold the money.You have a right to sue him for the money that he owes you and it appears also that he is in breach of the law by not having provided you with a disclosure document and a franchise agreement.The following link setup the laws affecting franchises in Australiahttp://www.australianfranchises.com.au/articles/important-changes-to-australian-franchise-laws.htmlIf he has not complied you should report him to the ACCC. I hope this is of assistance.If you have any further questions please do not hesitate to contact me.Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work. At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid. I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience. If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied. I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)