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11 June 2020

I currently am on a contract which has a Non-Solicitation Clause in it.

I am applying to work for a competing company and was wondering if this clause forbids me for working in that company.
The role will be similar, frontline management.
There is a lot of guest interaction, as far as handling complaints and/or negative feedback. But my guest involvement in the previous, and in the next role, never leave the building with me, purely face to face when an issue arises.

I am getting mixed signals on whether it would be ok for me to give the appropriate notice, and start at the new job after my current job finishes, or if I have to wait a year.

The clause reads as:

Non-solicitation For a period of 12 months following the termination of your employment with the
Company for any reason you must not, without the Company’s prior written consent:

(a) directly or indirectly (including via a corporate entity) solicit or induce (or attempt to solicit or
induce) any employee, officer or contractor of the Company or any related company to terminate
their employment or engagement, or not renew any business relationship, with the Company or
related company; or (b) directly or indirectly (including via a corporate entity), approach with a view
of seeking to obtain business, solicit, or entice away from the Company or any related company (or
attempt to do any of these things), or accept, the business of, any person, firm, company or
organisation who has a commercial relationship with the Company or any related company including
but not limited to a guest, a person who refers business, customer or supplier (or was in the process
of being engaged as a guest, customer or supplier, or with whom you or a person reporting to you
has had discussions on behalf of the Company or a related company, whether concluded or
unconcluded) of the Company or related company and with whom you dealt in the 12 month period
before the date of termination of your employment with the Company.

Thanks in advance!

Rob Legat - SBPL

LawConnect (LawTap) Verified
16 February 2017
Gold Coast, Queensland
There is nothing in that clause that says anything about restricting your ability to work for a different employer. It only seeks to restrain you from actively approaching clients and staff.