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VIC Employment Contract Restraint of Trade - Legally Enforceable?

Discussion in 'Employment Law Forum' started by Help, 19 April 2015.

  1. Help

    Help Member

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    Hi, in my employment contract I had to sign a contract that wouldn't allow me from working with a competitor for 12 months after I leave the business. It also doesn't allow me to actively employee people from my old workplace.

    Would this contract be legally upholding being that it will restrict my future job hunt?
    I'm a high income earner so not entitled to fair work Australia support. I was dismissed from the company, but with no formal process or right of appeal.
     
  2. Rod

    Rod Well-Known Member

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    Maybe. If the court considers you were paid 'above normal rates' for the type of work you do, then they will say that amount over standard rates is compensation that covers you for 12 months unemployment.

    Tricky one to answer, and individual circumstances will determine the end result if it goes to court.
     

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