QLD No Employment Contract with Company - Can I Work for Competitor?

[Beebee]

Hi,

I am an independent sales agent. I have worked as a commission only agent for 4 years with this company and have no employment contract. The 'boss' has reduced my % commission twice without my consent as he feels it is his right to do so and he does not have to negotiate; I just have to accept it.

I am now looking to leave and have been offered a post with a competitor, whom he hates, but who are actually quite good. Am I legally able to leave this role to work for a competitor without any legal hassle? The current 'boss' threatens everyone that they can't work for the competitor or he will sue them. Can he actually do that under employment law? I feel that he can't if you are an independent agent. I'm in a tricky situation and would appreciate your help.

Thank you.

 

[Sophea]

If you haven't signed a contract that contains a post- or during-employment restraint of trade, then he can't prevent you from working for them and he would have no basis to sue you, provided you did not breach any confidentiality obligations which would attach to knowledge of confidential information you would have of the old employer's business.