WA Employment Law Implications of Starting a Business?

[Brendyn]

Hi,

I am currently working but am looking at resigning from my position to work for myself. It is in the same field. Just wondering what, if any, legal implications under employment law there may be with this?

 

[Rod]

Check your employment contract, details should be in there.

 

[Tim W]

And when you do, don't let it stress you.

The usual way this unfolds is that the employer will make an assortment of threats of court action etc.
Mostly, these are groundless.

I say thiis because, as a general thing, if the effect of a restraint clause in an employemtn contract
is to limit (what is otherwise fair market) competition, or to unfairly protect a monopoly
in a small or closed market (eg the only physio in the village), or
limits your right to work in the field, or is in some other way unreasonable,
then you may find that the court would hold the restraint of trade clause to be inoperative.

 

[Brendyn]

Ok thatnks. I would check my employee contract but I don't actually have one. Have asked for one and have been waiting for almost a year.

 

[Rod]

No contract is likely to be no restraint.