Tenzin and Lobtse are International students studying at an Australian university in Melbourne. Under the terms of a student visa they are allowed to work for 40 hours a fortnight. They both sign a contract with Kleen Cleaners and begin work cleaning toilets in a 10-story office block in the CBD. Two months go by. They have not been paid at all. They speak to the manager who informs them that under the contract they signed, they agreed that the first three months was a “training period” for which there was no payment.
Tenzin and Lobtse consult you. It is true that the contract does in fact contain this term but (a) they did not read it (b) they received no training during that period.
Please advise Tenzin and Lobtse.
Discuss the following scenarios if they have infringed the Australian Consumer Law and what is/are the penalty?
a) A big chicken supplier used the term ‘NO HORMONES ADDED’ in its advertisement. In fact, hormones have not been used in any chickens in Australia since 1960s.
b)A children apparels supplier selling kid’s nightwear with a ‘low fire danger’ label attached. If fact, the kid’s nightdress and pyjamas were made from fabric which posed a fire risk.
c) Messy Department Store has displayed a prominent sign at the cashier desk stating: ‘Consumers are entitled to get full refund of the goods if they were returned within 2 weeks of purchase.Any dispute would be resolved by the Consumer, Trader and Tenancy Tribunal”.
Mark needed a new watch. He had some money saved so he decided to buy an expensive watch that he hoped would last him a lifetime.
Mark found a watch in Peter Smith Department Stores that he liked and paid $1800 for it. Mark was concerned that the watch had only a one-year warranty but, having done his research, he knew that no other businesses or watch brands offered longer warranties.
Mark ´s watch worked perfectly for a year but, just after the warranty period expired, it stopped working completely. Mark took it back to the store but it refused to replace or repair it, saying that it was no longer under warranty.
Mrs Wright bought a dress for her daughter at a sale. The next day she found that her daughter had also gone to the sale and bought the same dress.
Mrs Wilkins went to the store and asked for a refund. The store refused to give her a refund.
Advise Mrs Wright as of her rights under the Australian Consumer Law.