Work cancelled due to COVID-19. Should the company still pay?

ros_b

Senior Member
Joined
Jul 26, 2010
Messages
713
I'm a freelancer and was booked to work on a sporting event overseas for 8 days (March 11-18). The event was cancelled on March 13 and we were all flown home on March 14. The company now wants to pay us only for March 11-13. I've read my contract and there is a "Force Majeure" clause, which states "If, by reason of any event of force majeure, either of the parties to this agreement shall be prevented from performing any of the provisions of this agreement, then such non-performance shall not be deemed to be a breach of this agreement and no loss or damage shall be claimed by either of the parties hereto from the other by reason thereof."

What do people think? Should the company pay for the full booking or is it ethical (regardless of their contractual obligation) for them not to do so?
 

Moto Guzzi

Expert Member
Joined
Apr 24, 2004
Messages
2,182
I'm a freelancer and was booked to work on a sporting event overseas for 8 days (March 11-18). The event was cancelled on March 13 and we were all flown home on March 14. The company now wants to pay us only for March 11-13. I've read my contract and there is a "Force Majeure" clause, which states "If, by reason of any event of force majeure, either of the parties to this agreement shall be prevented from performing any of the provisions of this agreement, then such non-performance shall not be deemed to be a breach of this agreement and no loss or damage shall be claimed by either of the parties hereto from the other by reason thereof."

What do people think? Should the company pay for the full booking or is it ethical (regardless of their contractual obligation) for them not to do so?

Now here is the interesting thing about privitisation( The Smooth Weathererers). Private wants to do everything for the nation, yes, but comes a big problem like this, they run, and leave everybody dry like fly.
 

RedViking

Nord of the South
Joined
Feb 23, 2012
Messages
58,139
It is sadly one of those things that happens and no-one really have control over. If anything, the governments and media should be the ones that need to pay you as they created this whole mess we are in.
 

acidrain

Executive Member
Joined
Jan 7, 2007
Messages
5,975
Well the contract states that in the event that clause kicks in, you would have no claim for loss of the income.

That said, I think it is fair for them to not pay. They are obviously losing out since the only reason you were cancelled was they got cancelled on as well. Both parties lose here. The only difference is the company that hired you probably has enough cash flow to take the knock.

Does it suck, sure but no business got anywhere by being nice all the time.
 

bwana

MyBroadband
Super Moderator
Joined
Feb 23, 2005
Messages
89,378
I'm a freelancer and was booked to work on a sporting event overseas for 8 days (March 11-18). The event was cancelled on March 13 and we were all flown home on March 14. The company now wants to pay us only for March 11-13. I've read my contract and there is a "Force Majeure" clause, which states "If, by reason of any event of force majeure, either of the parties to this agreement shall be prevented from performing any of the provisions of this agreement, then such non-performance shall not be deemed to be a breach of this agreement and no loss or damage shall be claimed by either of the parties hereto from the other by reason thereof."

What do people think? Should the company pay for the full booking or is it ethical (regardless of their contractual obligation) for them not to do so?
I'm a freelancer and I've had all my work for the foreseeable future cancelled. Pro14 rugby, Ironman, PSL, cricket, and countless other events... they're at least living up to the contract you signed and paying you for the days you worked.
 
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