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QLD Employment Law - Work as Sole Trader but Retain Full-Time Employment?

Discussion in 'Employment Law Forum' started by Poly13, 13 December 2015.

  1. Poly13

    Poly13 Member

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    Hi,

    I'm new to this and was hoping for some help.

    I need help in regards to trying to start work as a sole trader whilst still remaining a full-time employee.

    I am a Physiotherapist and with my current employer, my role is State Manager. My position with my employer is quite strong as I have consistently exceeded KPI's, the reason I have mentioned this is that if push came to shove the below scenario would not jeopardise my position as I am required and valued in my role.

    The way the current business model works is my employer will provide allied health professionals to aged care facilities on a contract. The role of the Physiotherapist is clearly defined and is similar across all the aged care facilities we are contracted to.

    I have discovered another market (hydrotherapy) within the aged care sector that my current employee doesn't offer. I wanted to start a hydrotherapy class outside of my working ours (weekends) - in total a couple hours a week. To start this, I would be requesting to use our current clients pool, which in turn would attract clientele as well as referrals from a Dr (most of my clients would be through the Dr referrals).

    As this will not be taking business from my current employer as it will not directly be marketed to their client ( I am only requesting use of their pool)/ as well as the fact it is something they do not currently offer am I in risk of a non-compete clause whilst still being there full-time employee?

    My second question is, I have an exclusive clause in my contract that basically says I can not hold any other employment or provide services to anyone else whether paid/voluntary without prior written consent. Does this include self-employment as a sole trader?

    If I discuss this with my employer how much detail do I have to give under Employment Law? I am worried that they may find my idea appealing to and try and offer it themselves, hence why I'd rather not mention too much information.

    Any help would be greatly appreciated,

    Thanks
     
  2. JS79

    JS79 Well-Known Member

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    Most businesses would not allow you to work with another company - even as a sole trader. This is a common employment contract.

    In regards to whether you would be classified as a competition for your existing company depends on your contract. It would be best to have an employment lawyer have a look at your contract and let you know your obligations.
     

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