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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5522
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My daughter has signed a contract as a personal trainer with

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My daughter has signed a contract as a personal trainer with gym, she was under pressure to sign up as she had not long returned from WA. Ali was out of work and getting desperate for employment, the contract has an out clause for either party of 30 days written notice if either party does not meet their obligations. These obligations have not.been met by the gym and Ali now has employment with an AFL club and commences work next week. She has met with her manager at the gym and they want her to work until Xmas which will be physically impossible, the only reason they want her to stay on is for the rental fee she must pay to gym of $260 p/w. An up front fee of$1000 has already been paid which was for training and literature, where does she stand in your opinion? Regards Rob
Hello

She need not work until xmas at all.

This is simply a employment matter.

She can simply give 2 weeks notice and leave, it is more than reasonable.

Any issues, contact fair work Australia and make a formal complaint.

Please accept.
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Customer: replied 3 years ago.

Hi Daniel,


 


Dad has just forwarded your response onto me. Thanks for your speedy reply.


I am not directly employed through the gym. I am a subcontractor and have signed a 12 month fixed term contract.


 


How can I give 2 weeks notice and just leave, these terms are not listed in the contract?


 


The below paragraphs are the exact clauses taken from my contract:


 


3. OBLIGATIONS OF THE SERVICE PROVIDER


3.3 The Service Provider will keep a record of each PT client in a book or file provided by the Company for the purpose.


 


(I have never received a book or file from the company - does this stand


as a breach of contract?)


 


3.11 In the first 12 weeks the Service Provider will attend two weekly training sessions and attend a hour weekly catch up with the PT manager.


 


(Neither of the above has happened - I am currently in the my 5th week)


 


18. TERMINATION


18.1 Either party may terminate this agreement upon written notice to the other if the other party defaults by failing to perform any substantial obligation on its part. The termination shall be effective 30 days after receipt of the written notice unless during the defaulting Party has remedied the default to the satisfaction of the other party.


 


(When I asked about this when I met with my PT manager this morning he told me this only applied once the 12 month contract was complete, however there is no mention of this being a valid clause "ONLY following the 12 months fixed term of the contract.")


 


Item 4.3 - START UP FEE


$1000 payable once off prior to commencement and includes:


1. Uniform (received)


2. Business Cards (received)


3. Business Workbook (not received)


4. Business Support Materials (not received)


5. Comprehensive 5 day induction (only had 4 days)


6. Weekly one on one sales and business coaching for the first 12 weeks (not received)


7. Weekly technical skill development session for the first 12 weeks (not received)


8. One full day seminar with Impact Training Corporation (received)


9. Ongoing monthly technical development training sessions (not received)


10. Ongoing monthly sales and business development training sessions (not received)


 


(when the above points were mentioned as not being fulfilled, the PT manager told me those points were only for junior staff who required the training - when asked why it was in my contract then he said that, that probably needs to be reworded.


 


Basically, I need to know if they the gym asks me to fulfil an unrealistic amount of time and pay money "to get out of my contract" do I have a leg to stand on when it comes to the Company breaching their obligations listed in the contract and should they say/do - "we can rectify these issues" where do/will I stand?


 


Thanks in advance for your assistance,


Alex.

its still an employee arrangement.

People leave contracts all the time.

Give sufficient notice, up to a month is satisfactory, but 2 weeks is reasonable.

Please accept