NSW Non-compete clause in casual contract

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AnnaKurnikova

Member
5 September 2018
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Hi there,
I have searched similar questions but couldn't find an answer that would apply in my case...
I am employed as a casual worker in a language school. The contract includes a non-compete clause. However, I have been asked by another school to work a few shifts to replace a teacher going on holiday. The school is in the same city and as it's the same type of business, I guess it's directly in competition with my main employer.
Can I get in trouble if I work the extra shifts at the other school? Or are non compete clauses for more serious positions? Is it any different because it's a casual contract?
If a waitress signs a casual contract with a non-compete clause in a cafe, does that mean she can't work at any other cafe at the same time / for months after the contract ends? Is that reasonable, given the nature of casual work?
I really like my main employer so don't want to get in trouble, however I also don't want to miss out on the opportunity of making some extra money... please advise :(
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Is that reasonable, given the nature of casual work?

No.

Best thing is to approach your current employer in the first instance and see what they say. Explain you need the extra money and hope they are reasonable people.

If they refuse post back here with their reply.

Being a casual employee you do need to be careful.
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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Ballarat, Victoria
Hi Anna, the answer is that all the circumstances including in particular the wording of the non compete clause would be considered. The key issue is reasonableness of the clause in its duration and geographical area. The fact that you are casual is a relevant factor too. Maybe sound out your current employer as to their thoughts. If they don't have a problem with you doing the extra shifts the issue is pretty much resolved. Hope that helps.