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  • Report:  #795631

Complaint Review: Green Gardenz - Sydney Select State/Province

Reported By:
Guy Weir - SYDNEY, Other, Australia
Submitted:
Updated:

Green Gardenz
125 Whale Beach road Sydney, Select State/Province, United States of America
Phone:
Web:
http://www.pittwaterlandscapes.com.au/
Categories:
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   DO NOT WORK FOR OR EMPLOY THIS GARDENER!!!

There are two sections to this report. The first section is based on consumers in relation to false advertising, false claims and lack of the professional qualifications and services that is being offered. The second section is based on employees, the lack of employees rights, paid entitlements and the way the company and owner refuses to legally execute his obligations as an employer.

                                                 CONSUMER REPORT

Green Gardenz pty ltd is owned by a French man named Pierre Lodygensky. The company is small business run from his home in Avalon NSW Sydney Australia. Pierre claims to have a professional team of expert landscaping professionals working for him in which they present high quality work at a reasonable hourly rate. Pierre has NO qualifications and has basic plant knowledge yet he charges his customers at a professional rate of $100 an hour and he claims on his website he is a qualified landscape designer. Pierre not only scams his costumers he also scams his employees. His website goes under the name of

http://www.pittwaterlandscapes.com.au/

The website has multiple grammar errors which is one indication of the lack of professional standards. The website also makes claims that are illegal and false advertising. In one section of the website Pierre states a 20 year building guarantee to all constructions made by his company. Pierre does not have a building and construction licence and the licence that was registered was from a former employee whom never constructed any material while working with Green Gardenz.

To claim you have a 20 year construction guarantee for structures built is a claim that is not possible and no small soft landscaping company with less than 3 employees has legal authority to make those claims without a commercial licence. Pierre does not have such a licence. If you review his website it is clear that the information is all about him and how he has done specific jobs, from the seven months I worked with Green Gardenz Pierre only contributed to no more than 5
man hours of work yet he claims he was the one doing the work and this is stated on his website.

Pierre goes on to make false testimonials on his website. Several of his loyal customers claim they have used Green Gardenz for several years and have been extremely happy with his work. This is impossible because Green Gardenz has only been a registered business since 2010 this information is available by searching his ABN on the database on
the ATO website. So we know there are two possible scenarios;

1. Pierre and Green Gardenz was illegally trading for several years without the adequate legal rights and without a registered business. 

2.Pierre and Green Gardenz originally was named under a different business name . If he was using a different business name he can't claim that Green Gardenz was doing work for his costumers for several years because that's impossible, he must state the previous name of his business and give reference to it if he is making testimonials with real customers using their real names and real addresses and real contact information, then advertising it online for everyone to view. another illegal activity under the business name Green Gardenz.

Pierre stated on his website that he has only been living in Australia since 2001 but how is this possible when you cannot get an ABN and register a business in Australia unless you're an Australian citizen. You cannot become an Australian citizen without living here for a minimum of 4 years and you must only be allowed to work under a working visa for that period of 4 years, this means it's illegal to work for cash and illegal to work with an unregistered business and or ABN in general. Something Pierre and Green Gardenz has openly confessed to doing so even though this is highly illegal.


So we have several scams already taken place and continuing to take place, let's make a summary of these.

- False and misleading services being advertised by making false claims, false testimonials and a false level of qualified expertise.

- Working without the adequate licence.

- Charging a high rate and justifying it by claiming the services provided are done by certified professionals when they are NOT.
- Working and trading under different names and or without registered business names for the services provided.

- Claiming refunds and higher qualities of services will be provided without the adequate licence and professionals to provide such services and claims.

That covers in minor detail the scams related to consumers, now I will cover the scams with employees.

As a former employee of Green Gardenz I have witnessed and experienced the lack of professional standard towards employees. DO NOT apply for a position with Green Gardenz and DO NOT hire Green Gardenz as your gardener or the following will occur.

- Unpaid entitlements; superannuation, sick leave, holiday pay.

- Refusal to notify of termination of employment.

- Unlawful termination based on allegations created with ZERO evidence in support of.
- False claims and allegations made against your work conduct which will damage your working history.
- Failure to provide the NES work forms.
- Refusal to pay overtime for hours worked above 38.

- Incorrect calculations with taxation.

- Incorrect calculations with superannuation.

- Edited and altered pay slips to reduce hours worked and paid.

- Underpaid for the hours you've worked.

As you can see these are NOT just minor issues, these are very serious issues of misconduct in the workplace and businesses such as Green Gardenz should be shut down and unable to continue trading, their ABN should be removed and the business should be forced to pay all owed entitlements back to the employees. 

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1 Updates & Rebuttals

Pierre

Australia
This report has been filed under a false name. The real author is Shaun Kalnins, a disgruntled ex worker that I terminated for gross misconduct

#2REBUTTAL Owner of company

Tue, February 14, 2012

Hi,
I am Pierre Lodygensky, owner of Green Gardenz Pty Ltd.  I feel quite sorry when the internet is used for such petty agendas as cheaply denigrate someone else with a smear campaign. It is even sadder when that person has to hide behind the anonymity of the web, and worse even, use somebody else identity.  This is not my style to name and shame, but unfortunately, I have to do what it takes to defend my name, my reputation and my business.  So here is my side of the story.

Guy is a landscape gardener that still happily works for me. He is NOT the author of this report.

The person who write this report is Shaun Kalnins. I had to terminate his employment last year after just under 6 months. He started as a casual worker for one month, then he was offered a full time employment with a three months trial period.
Shaun Kalnins was showing some potential until the end of his trial period. Shaun Kalnins behavior and attitude then completely changed. Shaun Kalnins started refusing to do certain tasks as instructed, showing disrespect for his
supervisor, extensively usiing his phone during wotk hours, hiding in the bushes to avoid tasks, using abusive and offensive language towards other staff, and showing poor performance in completion of tasks. Shaun Kalnins was in the meantime denying most of the claims made by other staff when I interrogated him. Shaun Kalnins was instead blaming averyone else, making false accusations, even threatening.  Shaun Kalnins behavior escalated despite numerous verbal warnings, group meetings, one-on-one meetings, and a wrillten letter of warning.

There was one event where Shaun Kalnins damaged property at a customer premises, and failed to report it, even trying to hide it. This incident caused loss of revenue, and loss of nusiness. I had to discount the amount charged and the
customer stopped using our services.  Inevitably, Shaun Kalnins was terminated in October 2011.

I am not surprised now by Shaun Kalnins attempt to ruin my reputation behind my back. I am not surprised that Shaun Kalnins is using somebody elses identity to do so. I have no doubt Shaun Kalnins will do it again if he can. This is just who he
truly is.

I also have to mention that Shaun Kalnins filed several complaints against me with the Fair Work Ombudsmen. I am now under investigation. But so far, none of his claims were proven to be false allegations. I am quite fortunate to have all my records in order to prove that I am actually fullfilling all my obligations as an employer.

Right now, I just to quickly go through a few specific points Shaun Kalnins is trying to make in his report.  Green Gardenz has been established in August 2010. This is puvblic information anyone can get with the ABN number. So here Shaun Kalnins has done his research. But It delibarately omits is that I have been trading as a sole trader since 2005. The only thing that has changed is the business structure, not the business itself. And I am confident that anyone understands that when you grow a business, sometimes it is appropriate to change the structure. Based on point 1, I have loyal customers that I been working with since the start in 2005. And all the tesimnonials Shaun Kalnins mentioned are genuine real people.

In fact, some of them let me use their contact details, so anyone can ring to ak for a reference.  Shaun Kalnins makes incorrect statements about immigration law. You can apply for Australian Citizenship after spending two years in Austrlain on a Permanent Residency Visa.  You have practically the same rights as an Austrlaina Citizen when you hold Permanet Residency. And you can certainly apply for an ABN. Shaun Kalnins is clearly misleading here with incorrect statements, and the information he is using must verify=ied thoroughly before you van believe it.

Green Gardenz is holding an up-to-date Structural Landscaping Licence (No 238032C), and again that is public information and anyone can verify that easily. We also employ qualified staff with up-to-date licenses, as required by law.

Shaun Kalnins termination was done following all the Fair Work Guidelines, the provisions in the Gardening and Landscaping Servoces Award (MA000101). Shaun Kalnins had one week notice for which he was asked to work but was paid in full. A technical note here, there is no unfair dismissal when the employmetn duration is less than 12 months (small companies) or 6 months(big componies).

I am quite confident that anyone can see through the lines and decide for themselves. But I think that the inaccuracy and utter lack of common sense in Shaun Kalnins report will be the most meorable part or it.  Thats it for me. I hope that clears
the air a little bit. My last word is for all the business owners out there: do not hire Shaun Kalnins and we you hire someone make sure you check their references. I have learn those two lessons, and paid the rpice for it!

Bye for now.

Pierre Lodygensky.

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