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VIC Employment Contract Non Solicitation Clause

Discussion in 'Employment Law Forum' started by GUS GR, 13 August 2014.

  1. GUS GR

    GUS GR Member

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    If someone can help it would be appreciated. I have been working as a sales rep. My employment contract had a non solicitation clause that got me fired (typically I resigned). My contract had also a bonus scheme that I never received. I don't have the whole copy of my employment contract.

    Now I want to go in business for myself. 2 clients I want to approach are in SA and NSW they are personal friends of mine i was working for them and I have also conducted business with them during the last 15 years. My former boss under the pretence that they are his clients now and that I approached them for my own benefit terminated me. I booked a meeting with them to present good I represent. My question is am I able to approach those 2 clients only now i was fired 10/05/2014.

    Here is the part of my contract with the clause in question:
    You must not:
    • seek to obtain as a client for yourself or any employer or third party, any client of the Company with whom you had contact or dealings in the 6 months prior to the termination of your employment; and
    • seek to entice away any employee of the Company;
    Ether during the course of your employment with the Company or for one or more of the following periods after termination of your employment with the Company:

    § 6 months;
    § 3 months;
    without the prior written consent of the Company.

    This clause of your contract is to have effect as if it were several separate covenants comprising each period of time set out above.

    If any of the several separate covenants are or become invalid or unenforceable for any reason, they will be severed and their invalidity or unenforceability will not affect the validity or enforceability of any of the other several covenants.

    The termination of your employment with the Company for whatever reason does not affect or derogate from your obligations under this clause.

    By signing this letter, you acknowledge that the matters and obligations contained in this clause are usual covenants within the field of activity of the Company and that having regard to the information that will be acquired by you during your employment with the Company, and to the area of activities of the Company, these covenants are no more than sufficient for protection of the operations of the Company.

    Any input will be appreciated.
    Kind regards
     
  2. Rod

    Rod Well-Known Member

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    The contract says you can't approach them for 6 months after termination, 3 months at a minimum if the court says 3 months.
     
  3. GUS GR

    GUS GR Member

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    Dear Rod, thanks for the reply so for a fact even i do know them for a long time i cant approach them. But it is vague if its is for 6 months or 3 months it will be up for a court to decide.
    Thanks Very much.

    Any further will be appreciated
     
  4. Rod

    Rod Well-Known Member

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    Unless you have exceptions listed in the contract, then no clients are to be approached.
     

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