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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22809
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I work as a homebased educator for an early childhood

Customer Question

Hi there I work as a homebased educator for an early childhood service. I am self employed and contracted to provide services as an in home educator.
My contract is fixed for one year and due to expire on 9th October 2016. I gave yesterday that I do not intend to renew my contract with the company and will work out my contact until Friday 7th October.
Today I received a phone call from the Director stating that they are releasing me from my contract so therefore tomorrow is the last day I will be working for their company. However They have told me I must not work for another Homebased service until after 9th October 2016.
Therefore I will have no income. The Director also stated that I may look after the children privately, however the children need to be enrolled in a service to receive their government funded childcare.
Can you please advise where I stand here.
Best regards
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

If you gave notice that you wanted to finish at the end of your contract, and they have decided to cancel the contract prematurely, they have no grounds to do so. That is a breach of contract on the part, because if your contract was due to expire and you said you did not want to renew the contract, you have an absolute right to do so. On the other hand they cannot just cancel the contract. In this situation you should tell them that they must either pay you out or continue until 9 October, but that if they do not do either option, you will sue them for a breach of the contract for the month of lost income. You would be able to bring a claim in the Disputes Tribunal, where you do not need a lawyer. But the first step is to tell them that they must either pay you out or continue, or you will bring the claim.

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