Break-away franchisees ordered to cease trading 11th July 2018
Two of the 32 New Zealand Wendy's Supa Sundaes franchisees involved in a break-away which saw them rebranding their stores have been ordered to cease trading by a High Court judge. Justice Edwin Wylie said two of the former franchisees - one in Hastings and another in Mt Manganui - had rebranded ‘with their eyes open ... The situation they have placed themselves in now appears to be of their own making.'
The franchisees now have the choice to go back to trading as Wendy's or cease business, pending further court orders.
Wylie said (former Wendy's master franchisee) Chang Xi and franchisees had ignored written notices from Supatreats.
'Evidence to date suggests that Mr Chang was throughout working in the background to engineer the situation that has arisen, and then to present the revolt by franchisees as a fait accompli.'
Wylie said there was a risk significant damage had been caused to Supatreats' franchise business model and its ability to re-establish a presence in the New Zealand marketplace.
Shortage of franchisees, staff, limiting growth 4th July 2018
5 July 2018 – The availability of suitable franchisees and staff continues to pose problems for franchisors despite positive signs
Auckland Bootcamp for Franchise Field Managers 3rd July 2018
Shake-up as Wendy's Supa Sundaes franchisees split 1st July 2018
The former master franchisee for Wendy's Supa Sundaes in New Zealand has led a breakaway group rebranding the 32 stores here as Shake Shed & Co. The move follows a change of approved suppliers imposed by franchisor Supatreats NZ Ltd, which is owned by Singapore-based parent company Global Food Retail Group. The change sees Wendy's Sundae Stores reportedly required to sell ice cream from an Australian supplier at a higher price than the New Zealand product previously used. The franchisor is currently seeking an injunction against the master franchisee and sub-franchisees.
Former New Zealand Wendy's master franchisee Chang Xi said the franchisee businesses operating in shopping malls had united and collectively abandoned their agreements following restrictive measures from the ice-cream brand's owner, which had harmed local operations.
Xi said local owners fear their businesses will go under and jobs lost if they are forced to return to operate as Wendy's.
'We rebranded as a group as we feel that we need to be separated from this international franchisor to be able to survive,' Xi said.
'We have encountered a very terrible situation. All New Zealand franchisees are extremely upset.'
Primary school student's artwork wins The Coffee Club prize 21st June 2018
21 June 2018 – A new design cup being launched at The Coffee Club this month draws more attention to KidsCan
Restaurant Brands strengthens Pizza Hut deal 13th June 2018
Restaurant Brands has signed a new 10-year master franchise agreement with owner Yum! Brands for the continuation of its Pizza Hut deal.
Restaurant Brands will continue to run marketing and operations for the brand in New Zealand and will step into the position of franchisor to existing independent franchisees, and provide development support to new franchisees.
In recent years it has been selling its regional and lower volume Pizza Hut stores to independent franchisees and at the end of the company's first quarter it owned 33 Pizza Hut stores in New Zealand, with 65 operated by independent franchisees, bringing the total network to 98 stores.
Bakers Delight smashes fundraising target for KidsCan 6th June 2018
2018 Franchise Awards - one more week to register 4th June 2018
The Franchise Association has extended the registration date for the 2018 Westpac New Zealand Franchise Awards to 13 June. Entries are welcome from franchisors, franchisees and service providers.
This is the 24th year of the Westpac New Zealand Franchise Awards, which have been measuring and recognising top performers since 1995. Winning an Award not only represents the pinnacle of achievement, but provides considerable publicity that helps build business and attract top staff or franchisees. Read our report on last year’s winners here.
Entry is open to all members of the Franchise Association. Note – the timeline has been moved forward from previous years to allow more time for judging.
Bravery award for McDonald's manager 4th June 2018
Congratulations to Mike Riley, the McDonald's manager who has received a New Zealand Bravery Decoration in the Queen's Birthday Honours for his cool actions when a gunman walked into his Upper Hutt store. He kept many people from harm.
Mike Riley went to work to sell burgers and left a hero. A police officer, only known as Officer S, has also received a bravery award for the same incident when an agitated Pera Smiler, 25, walked into Upper Hutt McDonald's on September 8, 2015 with a .303 rifle.
Riley, a McDonald's manager, then aged 34, was out the back when a staff member screamed that a man with a gun had came in and Riley's first steps, of many, to heroism were taken.
"I could see my staff on the floor crying, I could see my close friend on the phone to her partner ... I decided I would try to talk to [Smiler]," Riley told Stuff.
What transpired next saw Riley getting staff and customers out of the building, stopping a father and daughter coming back in from the playground, checking the toilets to see if anyone else was left inside, then, remarkably, offering to cook the gunman a burger.
As he walked from place to place, checking it was clear, he had Smiler - alternating between high-agitation and calm - yelling behind him, often with a gun on him, sometimes aimed at his head, and hinting that things could end badly.
"I just said, 'I have a son and I want to go home and see him'. I think that resonated with him." These days Riley who now works in recruitment, just has sympathy for Smiler and his family.
Tipping point on plastic - how are franchises coping? 30th May 2018
30 May 2018 - Consumers and councils are turning on the humble plastic straw. Franchises are keen to respond, but their sheer size can mean supply issues slow them down.
At last - Holidays Act to be reviewed 30th May 2018
The Government has announced that it will review the Holidays Act 2003 and make recommendations for change within the next 12 months. This will be welcome news for franchises who are battling with compliance issues under the scrutiny of a Labour Inspectorate which announced last year it would be specifically targeting the franchise sector. The current massively-complicated Act makes it hard to do the right thing no matter how hard employers try, as we pointed out last year.
It is important for employers to bear in mind that their legal obligations to ensure compliance with the Act will remain until new legislation is passed which the Government has indicated is likely to be a minimum of two years away.
McDonald's embraces Te Reo 25th May 2018
23 May 2018 – A McDonald's in Hawkes Bay has become the first in New Zealand to offer customers a menu in both English and Te Reo. Will more follow?
Maturing economy – positives among the questions 23rd May 2018
24 May 2018 – The latest Quarterly Economic Overview from Westpac suggests New Zealand is on track for moderate growth over the next few years but there are uncertainties
GDP estimates show widespread regional economic growth 10th May 2018
2018 Franchise Awards - enter now 23rd April 2018
Fair play and franchising 22nd April 2018
What's ahead? Good, bad and goodness knows 20th April 2018
KFC results reflect healthy eating disconnect, says researcher 17th April 2018
Strong results from Restaurant Brands announced yesterday reflect increased performance from its KFC business. This might seem surprising at a time when the focus for many restaurant chains is on healthy eating, but a researcher is suggesting that while New Zealanders are becoming more concerned about their food choices, this isn't always reflected in the choices they make at point of sale. While millennial consumers expect certain standards of brands in terms of ethical practices and animal rights, their shopping decisions don't always match up.
'When we looked at shopping logs, haul videos and weekly transactional spend, we saw a very different story play out,' wrote TRA research consultant Jeremy McDonnell in an article based on the study.
'What we saw was that millennials will often put aside their allegedly strongly held attitudes in order to save a dollar, as opposed to voting with it.'
McDonnell argued there's a significant disconnect between the public narrative and what consumers actually do in stores.
'These everyday purchases involve a surprisingly low level of consciousness, which contradicts the current cultural narrative depicting millennials as conscientious, informed buyers. They may talk the talk, but fail to walk the walk,' he wrote.
The intoxicating aroma of KFC will likely continue to pull consumers out of their strong opinions and into the greasy embrace of fried chicken for some time, but consumer behaviour does have a tendency to change over time. And with governments across the world already dabbling in ways to fight the obesity epidemic with regulation, that change could potentially be forced in the future.
Franchisees are not employees, confirms US Court 13th April 2018
A court in California has dismissed a class action by four franchisees of 7-Eleven which claimed that, because of the control the franchise exercises, they had been misclassified as independent contractors and were entitled to damages under both the Fair Labor Standards Act (FLSA) and the California Labor Code. including overtime compensation and expenses incurred in operating their stores such as payroll costs, maintenance, cleaning and uniforms. The lawsuit purported to have been brought on behalf of all of the over 1,500 7-Eleven franchise locations operating in California. The Court found that that 7-Eleven's alleged controls did 'not exceed what is necessary to protect 7-Eleven's trademark, trade name, and good will.'
The case will be of considerable interest given recent law changes in Australia which make franchisors responsible for franchisees' employment breaches, thereby blurring the long-established line between franchisor and franchisee.
Quoting extensively from Patterson v. Domino's Pizza, LLC, 60 Cal. 4th 474 (2014), the court observed that franchisees acquire a business plan that the franchisor "has created for all of its stores," and that the plan "requires the franchisee to follow a system of standards and procedures." Haitayan, 2018 WL 1626248, at *2 (quoting Patterson, 60 Cal. 4th at 489). The court also noted that the goal in franchising, "which benefits both parties to the contract, is to build and keep customer trust by ensuring consistency and uniformity in the quality of goods and services, the dress of franchise employees, and the design of the store themselves." Id. (quoting Patterson, 60 Cal. 4th at 490).
Portermark quality recognised 12th April 2018
BP operator penalised for breaching employment law 12th April 2018
Esquires franchisees open in Pakistan and Jordan 27th March 2018
New inquiry for Australian franchise sector 26th March 2018
Criminalising cartels – how will it affect franchising? 27th February 201823 February – New legislation amending anti-cartels legislation would mean franchises need to be more careful than ever to ensure proper compliance
Employment clampdown - penalties grow 26th February 201826 February - Franchisors advised to ensure franchisees compliant as Labour Inspectorate investigations continue
Seminars improving performance for franchises and franchisees 25th February 2018
August 2019 - Three seminars being held in October are designed to help franchisors improve the performance of franchisees and provide a foundation in franchise field management for new franchisors and franchise executives
Big start to year for sKids and kids 21st February 2018
REWRITING HISTORY – and what’s to come for our economy? 20th February 201820 February 2018 - The latest Quarterly Economic Overview from Westpac deals with ‘lies, damned lies and statistics’ after Statistics NZ revised its estimates of GDP going back several years. But what's next?
Dream Doors launches US expansion 14th February 201814 February 2018 – Dream Doors has appointed its first US master franchisee and an advisory board with serious credentials
Foodstuffs to trial artificial intelligence shopping 14th February 201814 February 2018 – Shoppers at a suburban Four Square franchise will be the first in the world to trial new artificial intelligence technology that brings the checkout to the trolley
Investing in a franchise from the USA - new seminar 11th February 2018
FAB Group appoints first UK General Manager for Skinsmiths 8th February 2018
8 February 2018 – FAB Group has announced the appointment of a UK General Manager to lead the company’s global brand, Skinsmiths, in the UK.
Genghis The Accountant 1st February 2018
Business confidence down but franchising more positive 1st February 201831 January 2018 - Concerns about business confidence are reflected in the latest Franchising Confidence Index survey, but what's really happening?
Swings and roundabouts in employment law changes 1st February 201831 January 2018 – Changes to employment law mean franchisors and franchisees need to be prepared
Record start to year for The Coffee Club 25th January 201826 January 2018 – The Coffee Club reported a 50 percent increase over its previous record sales week as the hospitality year got off to a storming start
Video helps Kiwis learn how to buy a franchise 25th January 201824 January 2017 – A new YouTube video is aimed at New Zealanders uncertain about the process of buying a franchise
Caci opens first new franchise for 2018 17th January 2018
Belgian company to buy Laser franchises 12th January 2018
Belgium-based multinational vehicle glass repair business Belron has agreed to buy Australiasia's largest plumbing and electrical services franchise, Laser Group, for an undisclosed sum. Laser was founded in West Auckland by fellow electricians David Clemmett and Pete Bassett and started franchising in 1999, mostly by signing up existing electrical businesses. The company twice won the Westpac Supreme Franchise System of the Year title, in 2005 and 2006, and further expanded by developing Laser Plumbing on a similar platform. The company started franchising in Australia in 2004 and now has 239 franchisees across both countries. Pete Bassett died tragically in 2010.
Belron already owns the Smith&Smith glass business in New Zealand.
The international vehicle glass repair and replacement group, which is part of Belgium-listed D'Leteren, said it had made the acquisition through its subsidiaries O'Brien in Australia and Smith&Smith in New Zealand. The deal is subject to finalisation of a due diligence book checking exercise.
Laser Group, through its members, provides plumbing and electrical services to both business-to-customer and business-to-business customers throughout Australia and New Zealand.
Mad Butcher returns to Leitch family 20th December 2017
Veritas Investments is to sell its Mad Butcher franchisor business to chief executive and former owner Michael Morton and his partner Julie Leitch - daughter of company founder Sir Peter Leitch - for $8 million. This is less than a quarter of what Mr Morton sold it to Veritas for in a reverse listing in 2013, when Veritas paid $40 million for the business - $20 million in cash and $20 million in Veritas shares. Since then, a number of stores have closed or been taken over by the company after experiencing difficult trading conditions and stiff competition from supermarkets. The sale is subject to the approval of Veritas shareholders, which will be sought at a special shareholders' meeting to be held in early 2018.
Veritas hired Bancorp Corporate Finance to manage a sale process for the meat franchisor business and attracted three bids. Morton declared his interest in October and was excluded from board discussions on the sale.
'The independent directors fully support the proposed Mad Butcher sale transaction and recommend that shareholders vote in favour of the resolution to be put to them for the proposed Mad Butcher sale transaction at the special shareholders meeting,' chair Tim Cook said.
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