NSW Hired as Contractor for Employer - Can Agency Sue Me?

[Samual]

Hi Guys,

Can someone help me on the situation below please?

I work for employer S via recruitment agency L. As per the contract between S & L, S if free to hire me directly, however, my employment contract states the non-engagement or restraint of trade policy as follows.

"The Casual Employee (me) must not directly approach Client (S) after the Recruitment Company (L) has provided the initial introduction. During any assignment, or within 12 months after an assignment, the Casual Employee must not accept any offer of further assignments or permanent position with the Client (or any company related to the Client), unless these arrangements are made through the Recruitment Company."

If employer S wants to hire me as a direct contractor, can the recruitment agency sue me ?

Thanks & cheers

 

[Rod]

Yes. Think you mean, will they win. Hard to say and depends on what they claim as damages.

Safest way is to negotiate an arrangement through them but so you are directly employed by S.

 

[Samual]

Thanks for the reply mate.

It's hard to get the agent to an agreement to relieve, as employer S doesn't want to deal with this agency anymore.

If I have to continue, it looks like I have to be with this agency.