NSW Any Recourse Around Restraint Clause in Employment Contract?

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Sonn

Member
29 March 2017
1
0
1
Hi all,

My partner's employment contract has a restraint clause stating if his contract is terminated, he is unable to work within a 50kms radius of the office for a 6-month period. Is there anyway around this?

He wants to work for himself.

On another note, he is not being paid overtime which his contract states he should be!

Any help would be greatly appreciated.

Thanks,
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,

It's unlikely to be enforceable unless the work your partner does is very unique and the employer would have a significant financial impact from him working in the area or he is significantly remunerated for the work he does.