Holiday Care Issue

[Guest choice_brandy]

We contacted a company on the Gold Coast advertising for holiday carers for dogs over Christmas, we have a great set up here with 3 very secure yards, two separate indoor areas so even if we have dogs that don't get along, they can all be included in the household and we're close to dog friendly parks and beaches. As we no longer foster for rescue groups anymore due to some very bad experiences, we decided to help out in this way would be ideal.

Anyway, we took our first dog in before Christmas, and over around three weeks we were inundated with dogs. 2 cattle dogs, 2 huskies, a golden retriever and 2 cavs... for anywhere up to a week each. Christmas day we have the cavs, a cattle dog and my own dog, and we were called to urgently pick up the Golden as his current carer couldn't handle him, so we left our christmas lunch to go collect a very wet golden who turned out to be an absolute pleasure.

All the dogs were fed according to the owners instructions, every dog went out for 2 walks a day, the very trustworthy ones got offlead time at the park after we'd checked their owners were comfortable with the fact. The Golden arrived with no food so we fed him Barf Patties and Royal Canin for 4 days, and all dogs were given a bath and good brush before they were returned to their owners (if you remember Christmas in Queensland, it was very very wet)

Anyway... everything worked out beautifully, the dogs all had a ball. Most slept in bedrooms, one cattle dog insisted she sleep outside on the patio but had complete access to inside the entire time. My 9 year old daughter doted on them, threw balls for them and chose her favourites to sleep in her room...

Every single dog that was picked up commented on how happy their dogs looked, the cattle dog owners both went out immediately to buy Furminators after seeing how good it made their dogs look. All said they would return to us next holidays.

Now comes the problem.

Last dog left here on the 4th of January. Originally the organiser had said we'd be paid for our services before the dogs arrived however she said the day the first one arrived that her bank was having issues and she's sort it out. We were never doing this for the money so said that was fine. More and more dogs were sent our way and we ended up saying just work it out after the holidays and pay it all at once to save multiple transactions.

On the 4th I sent the company the list of dogs including the number of days they were here. After not receiving a reply for a week I called to check it had been received and was told to text the bank details and we would be paid immediately. I have sent the details 4 times now and tonight I was told it is being held up because their were complaints regarding our service. This was sent by text. Next text says all carers have been paid in full. Nobody is answering the phone.

We have been travelling for three weeks and returned home to a lovely card from one of our holiday dogs expressing what a great time he had here and included scratchies and a lotto ticket for the New years draw... and a request to return for 3 weeks over Easter. I called his owner tonight and apologised because I don't think it's right to take business from this company but that I would not be taking their dogs in the future. She has offered to pay more, saying the rate she paid was $35 a day Sheesh, if I had been paid by this company their carers rate is $6 a day and thought that was reasonable.

Our main concern is we had planned on using the money earned on a rescue dog we transported to Melbourne... have promised to send some money to his foster carer but if we'd been paid for our services we could make a more substantial contribution.

Anyway... anybody got any suggestions on what to do. We all loved the dog in question and would welcome him back for free, but are we risking litigation to do so?

Also... Does anyone know how the more reputable companies operate... we would be keen to continue as long as our costs are covered

[Rozzie]

Don't know how you get your money.

Can't imagine any problems caring for the dog again. I assume the owner hasn't signed up for life with the company and is free to make whatever arrangements they like for their dog.

[Mrs Rusty Bucket]

How can you call that annoying?

You haven't been paid for services rendered.

Did you get any agreement about payment in writing? Exploitation and fraud come to mind.

And I would feel entirely ok about dealing direct with dog owners and I would also be letting all the dog owners know that the organiser renegged on paying, and you haven't been paid at all. If they paid by credit card they can cancel the payment by contacting the credit card company.

There is a "fair work ombudsman" who may be able to help you. And probably the office of fair trade and consumer affairs in your state. They're all about getting paid for services and getting what you pay for.

http://www.fairwork.gov.au/Pages/default.aspx

There may be a slight issue about GST - if you sold any goods (ie dog food) at a higher cost than what you paid for it. But with services, my understanding is if your earnings are under a certain amount per year, you're exempt, and if the earnings are such that the ATO deems it a hobby - you're exempt.

All the same, it seems like you've been scammed.

maybe http://www.fido.gov.au/fido/fido.nsf/byHea...ndlers%20portal

will also be interested.

Edited February 5, 2011 by Mrs Rusty Bucket

[Guest choice_brandy]

Don't know how you get your money.

Can't imagine any problems caring for the dog again. I assume the owner hasn't signed up for life with the company and is free to make whatever arrangements they like for their dog.

I did sign something at the beginning saying I wouldn't "poach" customers. I have kind of figured I could get around that by offering to care for the dog for free. As long as nobody comes along here and says I am leaving ourselves open to problems if we do that than I think that is what we'll offer... Chilli loved the other dog and we couldn't fault him. He went canoing with us, we visited friends and he was a perfect gentlemen in every situation, he's what I aspire for Chilli when she gains a little more maturity

[Guest choice_brandy]

There may be a slight issue about GST - if you sold any goods (ie dog food) at a higher cost than what you paid for it. But with services, my understanding is if your earnings are under a certain amount per year, you're exempt, and if the earnings are such that the ATO deems it a hobby - you're exempt.

All we expected to be paid was the $6 a night per dog. As we are not in it for the dollars, the dog we fed was off our own bat. The other carer had an issue with him and I suppose forgot to leave out his food when we went to collect him. She wasn't at the house when we picked him up and we were not even told he was an issue... his owners told us that when she picked him up.

We were just a bit shocked about the complaints remark however I get the feeling there was little substance with it. I do have all the owners contact details so I am sure I could send a nice card thanking them for their patronage and if they have any suggestions on things we could improve we'd love to hear them. I am sure if someone had a grievance they would let it be known

[Staycalm]

So you took in 7 dogs at $35 a day per dog = $245 for each day x the number of days each dog stayed.

As well as exercising them and grooming them you fed one of the dogs high end dog food for four days and so far you have been paid nothing?!!!

You must be a very generous person because you have just handed over a thousand dollars to some company that did none of the work!

I would be approaching the ombudsman because they broke the contract you had where you should be paid for services rendered. You should not hesitate to accept the dog back for more holidays - at $35 a day. You owe that company nothing.

[stormie]

So this company charges pet owners $35/day for boarding, but uses the services of other people to actually do the job the owners are paying for, at a pay rate of only $6/day????

Their excuse of 'complaints' would be useless, I would think. They would still be liable to pay their 'employees' that they selected for the job and should cop any complaints on the chin themselves and take responsibility for the people they selected to do the job.

I would be seeking legal action!

[Bundyburger]

So you took in 7 dogs at $35 a day per dog = $245 for each day x the number of days each dog stayed.

As well as exercising them and grooming them you fed one of the dogs high end dog food for four days and so far you have been paid nothing?!!!

You must be a very generous person because you have just handed over a thousand dollars to some company that did none of the work!

I would be approaching the ombudsman because they broke the contract you had where you should be paid for services rendered. You should not hesitate to accept the dog back for more holidays - at $35 a day. You owe that company nothing.

She's only getting paid $6 a day, but the company is being paid $35

It sounds really dodgy, i'd be taking it further...

[Dogsfevr]

Do you not have a copy of the contract you entered,the liabilities of being a career,who pays what expenses if an accident happens??

And what business works by text message

[Danois]

Not sure why Fairwork was recommended as an avenue or an ombudsman. You are not an employee of the company.

If this was being done properly then you would be an independent contractor - as you're contracting your services to a company. You should have your own ABN as you'd need to charge GST for the rendering of the services and then account to that GST to the ATO. If you don't provide an ABN then the hirer will retain an amount equivilant to the GST amount.

You would also need to have a public liability insurance policy (unless covered by the company's) as you would be liable for any damage or injuries caused by the dogs in your care.

As for what has happened:

This is a straight out contractual relationship. If you agreed to act as a carer (whether a contract was signed or not) and you performed the services but were not paid for those services then it is a breach of contract. I'd go and speak to the Chamber Magistrate/ Registrar down at your local court or speak to legal aid regarding sending a letter of demand for the money or putting in a small claim - if you want to pursue it.

If you've signed a non-poach contract but not received any payment for the services then I'd question whether it would ever be enforceable or whether the business would go to the (considerable) expense of an injunction to stop you taking in the dog. They'd also have to know that you've taken in the dog.

[Sydoo]

I would absolutely take it further. Not just for the money - having someone examine the 'nitty gritty' of any contract will put your mind at ease with regard to the dog you would like to care for again in the future.

Would be interesting to know if the other carers got paid.

Edited February 5, 2011 by Sydoo

[Guest choice_brandy]

Just quickly read all the comments, have guests but to answer a couple, the company says they have public liability and have to advertise hence the discrepancy in fees I imagine, but I have only seen them advertised on gumtree and their own free host website so advertising would be minimal. I checked before we agreed and the ATO consider it a hobby and we were not required to be registered for GST... we would not earn nearly enough even if we were paid.

[ruffpup]

ooh, essentially, as I see it, you've worked and not been paid. In the old days of NSW I would have called up what I still think of as the Labour Board (or whoever they are now). Things have changed so much though regarding work.

One good suggestion was Legal Aid, I know they have a legal helpline in NSW, check out if they do also in QLD and give them a ring. In NSW the helpline is to give advice, whether it's their domain or not.

I'd also be wondering how effective a non-poaching thing (or any other deal) would be. Haven't they broken the contract by not paying you?

[Danois]

ooh, essentially, as I see it, you've worked and not been paid. In the old days of NSW I would have called up what I still think of as the Labour Board (or whoever they are now). Things have changed so much though regarding work.

Except she is not an employee...

[trifecta]

Is this company a franchise?

If so contact the franchisor.

[SmoothieGirl]

Employee or not, you are owed funds that are due to you for services rendered, the Small Claims Tribunal is were I'd be headed...

I'd also check out whether they can hold you to the 'no poaching' rule if they haven't fulfilled their side of the contract - probably still can though. I think $35 a day is a really great price for in home care btw, you may not be in it for the money, but more of these services are required, so perhaps it could become a more regular hobby.

Just a thought though, do you think the company have been delayed or hampered from holding up their end of the bargain to date by any flood impacts?

[Guest choice_brandy]

Just an update

Company is refusing to discuss any matter by telephone and hangs up if I try to call

They have threatened me with a $700 bill due to a cancelled client (first we have heard of such thing... every dog who was booked in here turned up, although I did receive a phone call New Years Eve asking if we could take 2 dogs just for that night, we said we could but none ever turned up.)

The company has told me I am harassing them because I sms's a request for proof of payment (they now say we have been paid) and a payslip itemising what we are being paid for, and details of the alleged complaints. They requested an ABN number which I supplied within minutes (I checked with the ATO before agreeing to offer care but am more than willing to submit what is required if they want to go that way.

Anyway, sadly we will be going to see a solicitor tomorrow to find out what our standing is. If anyone has any legal knowledge and is willing to offer some advice could they please pm me and I will send a copy of all correspondence between myself and this company and their website.

[Guest choice_brandy]

Employee or not, you are owed funds that are due to you for services rendered, the Small Claims Tribunal is were I'd be headed...

I'd also check out whether they can hold you to the 'no poaching' rule if they haven't fulfilled their side of the contract - probably still can though. I think $35 a day is a really great price for in home care btw, you may not be in it for the money, but more of these services are required, so perhaps it could become a more regular hobby.

Just a thought though, do you think the company have been delayed or hampered from holding up their end of the bargain to date by any flood impacts?

We are looking into how we can go about offering this service ourselves. We have 2 previous clients who are happy to vouch for our care, but with the threat of legal action hanging over our heads I probably wont contact the others to seek references

[Guest choice_brandy]

No flooding here on the Gold Coast. we have been promised payment within hours 4 times since the beginning on January

I have just sent the companies policy to someone well versed in law and the policy describes its carers as its employees. There is nothing in it with regards to poaching customers or contacting clients for references and as such there is nothing the company can do it I choose to do so. (not poach... but references would be nice)

Just for anyone interested, here is the Policy, and the spiel to entice new carers (the spiel states they cover insurance and liabilities, the policy states they accept no Liability.

The whole think stinks... and now feel it's worth pursuing on principle alone... I wonder how many others the company have bullied with the threat of litigation as soon as someone asks for payment for services they have provided, the money is so negligible... most would give up and walk away I imagine.

Company Policy

*

1. It is of the upmost importance that you give full information in relation to the needs and requirements of your pet/s. xxx xxxxxx xxxxx and its employees will not be held responsible if full instructions are not given in advance of the assignment.

2. We cannot accept bookings for badly behaved or aggressive animals.We may terminate an engagement immediately if it is reasonably thought that a pet is badly behaved or aggressive either towards humans, animals or property.

3. Please ensure you have confirmed whether or not your dog can be walked off the lead, as your dog will not be walked off the lead without your prior authority and always at your risk.

4. You must ensure that your pet is in good health. If we believe your pet is not in good health we reserve the right to seek veterinary advice on your behalf and you will be liable for the veterinary fees.

5. In the event of an emergency, we will use reasonable judgment in caring for your pet/s and home. If it becomes necessary, your animal will be taken to a veterinary surgeon. You are responsible for any such fees incurred during your absence or during the course of an assignment. Should medical attention be necessary and your specified veterinarian is unavailable,we will seek emergency veterinary care. Every attempt will be made to notify you regarding the situation. However, if you are not able to be reached we will approve medical and/or emergency treatment as recommended by a veterinarian. You will be required to pay the vet for any expenses incurred and from all liabilities related to transportation, treatment, and any other expenses associated with such care.

6. If circumstances beyond the control we prohibit the following of your instructions, and its employees will not be held liable for consequences relating to such decisions.

*

Insurance and Liability

7.xxx xxxxxxx xxxxx and its employees accept no liability for the loss or injury or death to your pet/s during an assignment.

Cancellations

8. Any cancellations by the client will forfeit the deposit or Full Payment made to us. Alternatively deposits can be used as credit towards future bookings within a 12 month period.

And For the Carers

PET LOVERS WANTED

Would you like to become a foster parent and care for another family’s pet in your home while they are on holidays? You’ll receive the unconditional love of your furry or feathered house guest while we take care of the paperwork and insurance. It’s easy! Many pet owners hate sending their best friend to stay in a cage or leaving it at home alone when they're away. They're always so happy when they find out that their pet can go and stay in the home of a wonderful carer. If you could welcome a pet into your home from time to time you'd be helping both the creature and its owner to have a happy holiday.Please email your enquiry to xxxxxxx or call xxxxxxxxxxxxx

Edited to exclude Names and numbers

Edited February 6, 2011 by choice_brandy

[mushka]

wow. You were willing to care for dogs in-home with walks and baths for $6/day? And you even did pick-up? I think many dog owners would be willing to pay $35+/day for this level of care and would be disgusted to learn that there was a such an atrocious split of payment to the actual carers. That is a hefty profit the company made from you.