WA Employment Contract - Practice Dentistry Anywhere in Australia?

[Sns25]

As a registered dentist, my employment contract restricts me to work as a dentist for 6 months after I leave employment. There is no area defined so does that mean I can not work anywhere in Australia as a dentist?

I live in regional WA if that changes anything

 

[Rod]

No. You will be able to work anywhere that does not directly impact your current employer.

 

[Sophea]

Unreasonable restraints of trade are prohibited by the law on grounds of public policy. It is in the public interest for anyone to be reasonably free to pursue any lawful trade or employment they want.

Therefore a restraint of trade is void, unless it can be justified as reasonable in the circumstances. A restraint is reasonable if it affords no more than adequate protection to the employer’s business, and is not injurious to the public.

Post-employment restraints like the one impacting your employing are generally more open to legal challenge than those applying during the employment contract. Factors which indicate whether a post-employment restraint is reasonable may include time, geographical area and the specific activities or information.

Where a restraint is for a long period of time, a broad geographical area or covers a broad range of activities, it is less likely to be enforceable.

Where are you wanting to practice? If you plan on contravening the restraint I would first seek personalised advice from a lawyer who can take a look at your employment contract and the whole of the situation.

 

[Sns25]

Unreasonable restraints of trade are prohibited by the law on grounds of public policy. It is in the public interest for anyone to be reasonably free to pursue any lawful trade or employment they want.

Therefore a restraint of trade is void, unless it can be justified as reasonable in the circumstances. A restraint is reasonable if it affords no more than adequate protection to the employer’s business, and is not injurious to the public. Post-employment restraints like the one impacting your employing are generally more open to legal challenge than those applying during the employment contract. Factors which indicate whether a post-employment restraint is reasonable may include time, geographical area and the specific activities or information. Where a restraint is for a long period of time, a broad geographical area or covers a broad range of activities, it is less likely to be enforceable.

Where are you wanting to practice? If you plan on contravening the restraint I would first seek personalised advice from a lawyer who can take a look at your employment contract and the whole of the situation.

Unreasonable restraints of trade are prohibited by the law on grounds of public policy. It is in the public interest for anyone to be reasonably free to pursue any lawful trade or employment they want.

Therefore a restraint of trade is void, unless it can be justified as reasonable in the circumstances. A restraint is reasonable if it affords no more than adequate protection to the employer’s business, and is not injurious to the public. Post-employment restraints like the one impacting your employing are generally more open to legal challenge than those applying during the employment contract. Factors which indicate whether a post-employment restraint is reasonable may include time, geographical area and the specific activities or information. Where a restraint is for a long period of time, a broad geographical area or covers a broad range of activities, it is less likely to be enforceable.

Where are you wanting to practice? If you plan on contravening the restraint I would first seek personalised advice from a lawyer who can take a look at your employment contract and the whole of the situation.

Thank you Sophea. We will look to get some more professional advice regarding this matter. I appreciate the time you took to give us your opinion.

 

[Tim W]

Contact the ADA for advice about your employment conditions.
If you want to change jobs - that is, change from being employed by one person
to being employed by someone else, that's not unusual,
even for visa holders (are you on a 457?).
In the alternative, if you want change from being an employee
to being in practice on your own account, then that's not so unusual either.

As to working as a dentist, contact AHPRA to reassure yourself that you are properly registered (or registerable),
allowed to work as a dentist in Australia, and that there are no (previously unknown, or perhaps forgotten)
conditions on your Authority To Practice.
You might well be registered already and in that sense, good to go.

Check the details of your visa for any restrictions or special conditions relating to your right to work (as anything).

As above, don't worry too much about the Restraint clauses.
In the event of dispute, you are not likely to be denied the right to work in your field,
nor are they likely to be interpreted so as to protect a monopoly practitioner ("the only dentist in the village")
from fair competition in the market.

 

[Sophea]

Check this out too: https://www.lawanswers.com.au/blog/employment-contract-restraints-of-trade-so-what/

 

[Iamthelaw]

Unreasonable restraints of trade are prohibited by the law on grounds of public policy. It is in the public interest for anyone to be reasonably free to pursue any lawful trade or employment they want.

Therefore a restraint of trade is void, unless it can be justified as reasonable in the circumstances. A restraint is reasonable if it affords no more than adequate protection to the employer’s business, and is not injurious to the public.

This is spot on.