Updated and Effective from: July 2016

Purpose

• To explain the Non Solicitation clause in every Helper’s Contract for Services to Members and Helpers
• To provide an outline on what steps Members should take if Helpers try to break this clause

Policy

• Helpers currently engaged with, or up to 12 months after leaving Lend A Friend, should not solicit Members, Helpers, or past Members or Helpers of Lend A Friend. This means:
  • Not working independently with Members met through Lend A Friend
  • Not enticing, suggesting or referring Members or Helpers of Lend A Friend to leave the company
• All Helpers and Staff working with Lend A Friend have signed contracts which prohibit solicitation of Members and Helpers while working for Lend A Friend and for a minimum of 1 year after leaving or termination from Lend A Friend.
  • This is to protect the legitimate business interested of Lend A Friend
  • Lend A Friend is a services-based organisation, and therefore our Members and Helpers are our most important resource
  • Breeching contract and soliciting Members or Helpers causes financial loss and legitimate business damages, and will incur injunctive relief.
  • Any losses and damages, current and projected, will be the responsibility of the Helper to rectify through financial reimbursement
• By agreeing to engage with Lend A Friend, Helpers have signed and agreed to our Non Solicitation Policy and Non Solicitation Clauses
  • If Helpers are found to be working shifts with Members which are not documented in our rostering software, and invoice Members or their funder privately, they are in breach of their contract and may face legal action for breaching their non compete and non solicitation clauses
• By agreeing to receive services with Lend A Friend, Members have signed and agreed to help Lend A Friend prevent Helpers from solicitation by:
  • Not working privately with Helpers met through Lend A Friend
  • Reporting attempts of Solicitation to the Lend A Friend admin team or Care Manager
    • Email: [email protected]
  • Assisting Lend A Friend to contact the Member’s Funder to stop Helpers who try to invoice privately, by putting a hold on their invoices.
• If Members wish to receive services which are not related to disability care or support work, and these services are not offered by Lend A Friend (e.g. Services not related to or covered by NDIS, like plumbing) but are offered by the Helpers, then working with the Helper in this capacity is permitted
  • This should be arranged outside of Lend A Friend service time
  • These services will not be covered by Lend A Friend insurance and the Helper will not be provided with work cover or support from Lend A Friend for problems which may arise in this context
  • Lend A Friend can’t be held liable for issues with these services
  • Lend A Friend should be made aware of these services as its a potential conflict of interest, and Lend A Friend should provide written approval before these services are provided
• If Helpers and Members wish to work together outside of Lend A Friend:
  • They should contact the admin team or Care Manager to discuss if this might be possible. If granted by Lend A Friend, this should be in writing
  • Helpers may be permitted to pay a liquidated damages fee or “finders fee” to Lend A Friend, to lift the Non Solicitation clauses restraint for a specific Member
  • This fee will be determined by Lend A Friend, and will be based on what income Lend A Friend is expected to have made over a 6 month period assuming the Member and Helper continued to work together with the Company, and will factor in other costs, such as money and time to:
    • Source Helpers and Members
    • Training costs
    • Setup costs
  • See the Liquidated Damages Policy for more information

Prohibited Activities for Helpers

Prohibited activities for workers while under contract for services for Lend A Friend Pty Ltd and during the 1-year restricted period post termination are listed below.

• Accepting bookings from Participants introduced to the Helper through Lend A Friend without use of the Lend A Friend Software App
  • Bookings made outside of the app may not be covered by insurance, leaving the Participant and Helper at risk
  • Bookings made by phone call, email, text, social media, or in person should all be added into the phone app, and shown to Participants by Helpers during the shift
• Trying to convince Participants introduced to the Helper through Lend A Friend to work independently with the Helper, their business or alternative competing businesses
  • Working independently in this case means working with the Participant without the knowledge of Lend A Friend, billing the Participant privately, or accepting cash payments from the Participant outside the scope of reimbursement of cash spent on shift
  • This is a breach of contract law and can be means for immediate legal action. If a staff member offers private services which are offered by Lend A Friend, please contact the admin team at your earliest convenience
    • [email protected]

Related Information and Documents

Non Compete policy

Timesheet & Invoicing Policy