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WA Employment Law Implications of Starting a Business?

Discussion in 'Employment Law Forum' started by Brendyn, 12 September 2016.

  1. Brendyn

    Brendyn Member

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    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?
     
  2. Rod

    Rod Well-Known Member

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    Check your employment contract, details should be in there.
     
  3. Tim W

    Tim W Lawyer

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    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.
     
  4. Brendyn

    Brendyn Member

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    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.
     
  5. Rod

    Rod Well-Known Member

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    No contract is likely to be no restraint.
     

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