Melbourne Magistrates' Court has found employment services company DNL Security Australia Pty Ltd misled and deceived jobseekers.
On 18 November, the court found DNL had breached the Australian Consumer Law by:
- falsely representing that two jobseekers were guaranteed employment. The company did not secure jobs for them or provide refunds
- engaging in misleading and deceptive conduct
- accepting payment for services that it did not supply within the specified time.
The court granted injunctions restraining DNL, company directors Lou Petrovski and Natasha Petrovska, and associated company Skilltopia Pty Ltd from representing to jobseekers that they guaranteed employment.
They also must not advertise employment opportunities to jobseekers, unless they disclose:
- the name of the service provider advertising the job on behalf of the employer
- that the service provider is advertising the job on behalf of and with consent from the employer. They must obtain this consent in writing and keep it for a year
- the nature of the services offered to the jobseeker by the service provider
- the fees that will apply, and
- when they intend to demand fees from the jobseekers.
The parties must not ask for or accept a deposit of more than 10 per cent of the total contract price, before they start to provide the promised employment services.
The court restrained DNL and Mr Petrovski from accepting a deposit for employment services without providing the jobseeker with a written ‘cooling-off notice’ and a fee structure. The cooling off notice must explain:
- that the jobseeker can withdraw from the contract within five clear business days upon payment of the deposit
- how they can withdraw from the contract
- that if the jobseeker withdraws within the five-day period, they are entitled to a full refund of any payments made.
DNL also holds the registered business name 'U Skill' and is also trading as 'Capital U-Skill'. The court orders made against each of the parties apply to their activities under this or any other business name.
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