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NSW Employment Law - Restricted from Working in the Same Industry?

Discussion in 'Employment Law Forum' started by Ernesto, 5 January 2017.

  1. Ernesto

    Ernesto Member

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    I am currently in a situation where I have been summarily dismissed from my previous employment for actively pursuing my own business interest while I was still employed. I was planning to run my own lighting business but now am rethinking this as I have done the wrong thing by my former employer and have been asked to refrain from contacting their clients and suppliers.

    Can I be restricted from working within the lighting industry even if I get a job with a competing firm under employment law? ( Not my own business).
     
  2. Rod

    Rod Well-Known Member

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    Unlikely, though there may well be restrictions on contacting existing and past clients of your ex-employer. Not sure they can stop you talking to suppliers unless there are exclusive supply arrangements in place.

    Check your employment contract and see what it says.
     
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  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Remember, they sacked you
    (even if they had good reason, which it seems they did).

    I would think it unusual that any non-compete clause
    (if you even had one in your employment agreement)
    would be upheld in such a case.

    Your bigger concern should be them bagging you out
    to potential customers (to whom you may want to sell), and
    to suppliers (from whom you may want credit), and
    generally trashing your (presumably overall) good name in the trade.
     
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