VIC How Long is an Employment Contract Valid For?

[CraigH]

It should be noted I am writing this for my wife as English is her second language.

Firstly, I'd like to know how long an Employment Contract is valid for? Case in point, my wife signed an employment contract with a Real Estate company in Aug 2014 - there was no end date stipulated. She resigned from her job in Jan 2016. Can this agreement now be enforced?

I should also mention she approached her boss in Aug 2015 (12 month anniversary of agreement) to negotiate some changes. Her boss refused to discuss any changes.

Secondly, there is a non-compete clause in that agreement that restricts her from working within an area of 15kms of the company for a period of three months (almost up).

Thirdly, This financial year she has earned less than $40K.

I would like to know where she stands legally under employment law as she has some clients who have contacted her asking her to sell their properties.

Can she conduct business without fear of legal action from her former company?

 

[Serge Gorval]

The contract has no end date. The restrictive covenant continues to apply however will be very difficult to enforce.

There may be separate solicitation and confidentiality implied provisions that will continue to apply. Need to know more information to give any help.