Joined: 30/April/2012
Location: Australia
Posts: 4
QuoteReplyTopic: Working for employers client Posted: 09/May/2012 at 20:48
Hi,
I wonder if anyone here had a similar situation.
I got a job offer from a customer of my current employer. However, my contract states that I cannot work for employer customers for a period of 12 months.
That is a quite heavy restriction in my business and I had no choice but to sing it prior to commencing my work for my current employer (this was my first job after moving to Aus)
Is there a law background behind such restriction or should it be considered as a gentleman's agreement.
Such non-compete clauses are very commmon, but are essentially unenforceable. There are several cases on record where decisions have been found employment contract provisions like this to be a restraint of trade. You may want to get some specific legal advice from a qualified solicitor who spexes in employment law, however my opinion (not advice) is that you can safely ignore the "restriction" and do what you like. Just don't be overly cocky and flaunt it in your ex-employer's face.
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