ACT Can I Join Client Company as Contractor?

[Ash2705]

Hi Experts,

I was employee of Company A in India. The company A sent me on deputation to Australia to work for client (company xyz). That time I was on 457 visa and there was a Non-Compete Agreement in my deputation letter which my Company A had signed with me when I was in India. The clause says, I shall not accept any employment offer from Customer for 6 months. There is no mention of geographical location in the agreement.

Later I got my permanent residency, I resigned from Company A in August at the same time my assignment with that client got over. I served company A's notice period and completed all formalities. I got released in October. But still, my Company A sent me a letter stating that as mentioned in deputation letter that I cannot join a client. It's been 4 months already that I am not working with Client (xyz). Now there is a position with client (xyz) with some other Australian Company(B). I am not joining directly client (xyz) but Company(B) will place me on same client (xyz) as a contractor. I need a job for my survival.

Will Company A take any action on me as I am joining before 6 months from assignment end date. Also will company A has rights to sent notice in Australia?

Cheers

 

[Rod]

At face value, without having read your contract, I'd think you'd be OK joining company(B). In fact, you may even able to join the client directly but I'm less confident here as the law is grey and depends on details I haven't seen.