Query regarding Employment Law in QLD

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vish1988

Member
18 February 2022
1
0
1
Hi,
I recently left the employ of a company and joined one of their competitors. I was employed at the company in question for less then 3 weeks, and was fired due to what the owner considered poor performance.
On return of my company laptop, the owner went through my personal communications and read personal emails and messages to friends including ones which (a) disparaged the owner and (b) indicated I was likely to start employment at a competitor.
Soon after my termination and following his reading of my personal correspondence I received 2 letters from their lawyers. One lengthy one showing a selected narrative from my communications which shed him and his company in poor light, and a great deal of non-competition text which would effectively render my experience and skills unemployable. The Restraint Clause in my employment contract read as follows:

Will not:
  • Accept any request to provide services which are competitive with those provided by the Company(or provide such services) to any person or entity who, within the 12 month period preceding the termination of Your employment was a client of the Company with whom You had business contact during Your employment; and
  • Canvass, solicit or entice away any employee of the Company at the termination of Your employment of whose remuneration details You were aware during the employment or with whom You had contact during the employment
The second letter demands that within 3 days I sign a document confirming that I will not contact any of their clients. I work in a niche market where there are perhaps 5 vendors all supplying parity products to an established market. One in which colloquially; everyone knows everyone.

I of course wish to ignore this intimidating behaviour but would rest easier if I knew he would be unlikely to successfully draw me into a court based challenge. Assuming there is no case to answer for, an appropriate response to his lawyers would be appreciated.

I have uploaded the letters I have received. The employment contract I received was in word format, and the only page I sent back was the last page with my signature.

Thank you for considering my matter.

Vish Liyanage
 

Attachments

  • Letter to Vishara Liyanage (3666737).pdf
    298.5 KB · Views: 3
  • Stat Dec and Deed of Undertaking (3685965).pdf
    84.5 KB · Views: 2

Tim W

Lawyer
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28 April 2014
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The lawyers here are not able to give you case specific advice on the open pages.
Please use our "Find A Lawyer" link at the top of the page and make an appointment.

The advice you will get from non-lawyers here, well, it's your choice how much weight you choose to give it.
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
I haven't read the letters and do not intend do so.

In general you have an arguable case the restraint may not be enforceable.

One of the issues you now face is that the owner is likely well motivated to come after you because of your comments about him, regardless of the effort and chances of success he has against you.

Happy to provide specific advice if you contact our office.