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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22179
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I was approached by a small company to cater for 4 training

Customer Question

Hi, I was approached by a small company to cater for 4 training session they are running this year. They had been advised verbally by the tertiary provider they work under to find a caterer for the training sessions. I was approached and have catered for 2 of the 4 sessions in the past two months, with 2 further to come. I was advised by the small company that the tertiary provider had decided to not except me as a supplier this week and my services would no longer be required. The tertiary provider has since forwarded details of their preferred cater and advised the small company that this is the only caterer they can use. The Tertiary provider has not paid me for the catering to date and has not told me that my services are no longer required. The tertiary provider has also asked me not to communicate with the small company as it is a conflict of interest as the head tutor is my sister. I am annoyed at the tertiary provider in question, as it was under their guidance (ONLY verbal) that a cater be found, they found me, I have done an amazing job but now I am without the work & have struggled to pay my suppliers etc. Do I have recourse to this?
Submitted: 15 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 15 days ago.

I am reading this now

Expert:  Chris The Lawyer replied 15 days ago.

You can certainly sue the company to pay for what you have done so far. I don't see any conflict of interest, because as long as this is disclosed, that the head tutor is your sister, then there should not be any issue. You could also claim against them for breaching the contract because you expected to get four sessions, and they only provided two, and have failed to pay this. My suggestion is that you should bring a claim in the Disputes Tribunal, for the money they have not paid, and for the other two sessions which they asked you to do. You can do this on the basis that you have prepared to undertake the catering for those other two sessions, and that there was a verbal contract for four catering sessions. A verbal contract is just as good as a written contract.

Customer: replied 15 days ago.
just confirming if I take this to the Disputes Tribunal it will be against the Tertiary Provider or the Company?
This is an email that was sent to me. it is addressed to my sister from the TWOA regarding my role....I am not supposed to have seen it. So they are agreeing to pay the invoices but they are taking their time. If I am to prioritise my direction I am more concerned about the work I have lost."I am emailing to confirm decisions made on the catering supplier MICHELLE COLLIS, you have requested for service for Kaawai Raupapa. Finance has made a decision, that for the remaining duration of the programme, catering suppliers already in our system need to be utilised for service. This will mean that MICHELLE COLLIS will not be considered to be a supplier for your programme. However, we will honour invoice payment for catering that has already occurred. Please note the decision is discretionary to Te Wānanga o Aotearoa finance team and is based on a number of factors.
Expert:  Chris The Lawyer replied 15 days ago.

Your contract is with the company so they are the ones that you should sue.If you set yourself up to do four catering sessions, but halfway through they have cancelled this, you can say that there was a verbal contract for all of the sessions, and that they should not have cancelled the contract. If there is a problem with the tertiary provider, then that is an issue between the company and the tertiary provider. But your contract is the one with the company for all of the training sessions

Customer: replied 15 days ago.
Thank you for that feedback, I appreciate the advise.
Expert:  Chris The Lawyer replied 15 days ago.

Glad to help

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