Court battle after franchisor takes over outdated store
posted on 28th July 2016
A franchise seeking to enforce a requirement for franchisees to upgrade their fit-outs turned nasty when the franchisor used a private security firm to take over a store after-hours. The dispute, which took place in Australia, has now landed in court and is reportedly causing other Nando's franchisees in Australia to delay renovating their stores until it is resolved. Renovation to current standards is a common requirement under most franchise agreements.
Since the pair acquired the four venues between 2007 and 2011, Nando's has been trying to force the franchisors into making significant investment into the businesses. It is this the dispute centres on.
Nando's says the franchisees haven't upgraded the restaurants since they bought them, in some cases as long as nine years ago.
"As a consequence, the fit-out and branding used in all four restaurants are out of date and not in line with Nando's current standards," business development manager Scott Hamilton says in an affidavit tendered to court as part of the case.
The company wants the franchisees to spend almost A$1.2m to refurbish the Narre Warren, Wareca and Braeside businesses, the documents indicate.
The case has become a key test in head office's ability to force franchisees to invest in their business, Hamilton's affidavit says.
"A number of franchisees in the Victorian market have already raised the pending litigation... as a reason to delay their own refurbishment works".
Franchisees have a requirement to upgrade and invest in stores when head office "reasonably requires" them to do so written into their franchise agreement, a counterclaim filed by the company says.
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