VIC Post-Employment Restriction question

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t-dog

Member
23 April 2017
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Hi All,

I'm new here and have read through the Employment Contract restraints of trade - so what? "guide" but want some further clarification on my specific situation.

The company i currently work for in australia is joint 'owned' by two european private companies. In 2018, one of them is 'breaking away' and starting their own in aus/nz.

the current company's ABN is not changing in 2018 and they have offered me a new contract of employment in 2018, which i have to give in after 1 business day, signed... from this, my current and future company is the same from an ABN point of view as it's only a name change.

However, a new clause in this new contract (when compared to my current one) states that after post employment i cannot for 6 months engage with the company that 'broke away' or with any other company which is engages in similar or competing business in AUS/NZ.

The business is selling scientific related equipment and 6 months in AUS/NZ is in my opinion not 'reasonable'.

The new contract they gave on 20/04/17 and they want signed by 24/4/17 (1 business day) but it commences from 01/01/2018.

Can they enforce these post-employment restrictions in your opinion?

Thank you for your time.
T
 

Rod

Lawyer
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27 May 2014
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A salesperson or manager is likely to find work elsewhere so the restraint is not so onerous, if you have a technical role specialising in Sci tech, then it becomes harder to enforce.

In some ways it is to your advantage they have given you one day - no chance for legal opinion, no chance to negotiate, duress can apply so the clause may be struck down in its entirety. They may have weakened their own position. If you feel the need to sign to keep your current job .......

Gotta wonder about the ability of some managers *shakes head