The Australian Competition and Consumer Commission has obtained Federal Court injunctions against IT business Zanok Technologies Pty Ltd and its directors in relation to the promotion of employment in the IT industry.
On Thursday 7 May 2009, the ACCC instituted legal proceedings against Zanok and its directors, Mr Darley Stephen and Ms Vanitha Darley, for alleged unconscionable and misleading or deceptive conduct in contravention of the Trade Practices Act 1974.
The ACCC alleges that Zanok placed employment advertisements on various websites including MyCareer, Seek and Gumtree, offering jobs in the Australian IT industry, when in fact Zanok was not offering job opportunities but rather "IT training" for which applicants (many of whom the ACCC alleges were on bridging or temporary residency visas) were required to pay up to $4,700. The ACCC alleges that despite assurances from Zanok and its agents, there was no guarantee of a job at the end of the training period.
In an ex-parte hearing (Wednesday 13 May) before Justice Jagot in the Federal Court, Sydney, the ACCC obtained interlocutory injunctions restraining Zanok, Mr Stephen and Ms Darley from engaging in conduct of the kind alleged in the proceedings, including providing IT training which is materially different from the training for which a person has paid.
The injunctions also require the respondents to allow job applicants seven days to think about signing training agreements before they sign the agreements or pay any money for training courses offered by Zanok. The injunctions operate until further order.
The matter has been stood over for its next hearing at 9.30am on Wednesday 27 May 2009.