Hi
Here is the story behind my redundancy:
I was in the office on a Sunday completing a job application form for a job interstate when the boss came into the office. She asked what I was doing & I told her that I was applying for a job interstate. The current company is struggling and we were on reduced hours since Sept, and since Jan on a 5 day fortnight, so financially I am struggling.
On the following Monday, I was informed that as I used the company PC to apply for a job it was a breach of trust. The boss also said that the quality of my work had deteriorated, that I wasn't committed to the company as I was actively seeking work and that they were making my position redundant. I had a performance review in Dec & the quality of my work wasn't an issue. I also had very positive feedback from clients so I know my work isn't an issue. I was informed that I was to leave the office that evening. They paid me notice in lieu.
My query is that I have a restraint clause in my contract that prevents me from working in the same industry (Consultancy) with any competitor within 50 km of my previous employer for 2 years. There is also a clause in the contract that my employer can take an 'injunctive relief' against the employee (me) for any breach of contract.
I have an interview with a competitor on Wednesday - what are my options under Employment Law in relation to the restraint clause?
In relation to payment in lieu - should that be 2 weeks at 38 hrs per week or 2 weeks at 5 day fortnight? I didn't sign any new contract for reducing working hours.
Thanks
Here is the story behind my redundancy:
I was in the office on a Sunday completing a job application form for a job interstate when the boss came into the office. She asked what I was doing & I told her that I was applying for a job interstate. The current company is struggling and we were on reduced hours since Sept, and since Jan on a 5 day fortnight, so financially I am struggling.
On the following Monday, I was informed that as I used the company PC to apply for a job it was a breach of trust. The boss also said that the quality of my work had deteriorated, that I wasn't committed to the company as I was actively seeking work and that they were making my position redundant. I had a performance review in Dec & the quality of my work wasn't an issue. I also had very positive feedback from clients so I know my work isn't an issue. I was informed that I was to leave the office that evening. They paid me notice in lieu.
My query is that I have a restraint clause in my contract that prevents me from working in the same industry (Consultancy) with any competitor within 50 km of my previous employer for 2 years. There is also a clause in the contract that my employer can take an 'injunctive relief' against the employee (me) for any breach of contract.
I have an interview with a competitor on Wednesday - what are my options under Employment Law in relation to the restraint clause?
In relation to payment in lieu - should that be 2 weeks at 38 hrs per week or 2 weeks at 5 day fortnight? I didn't sign any new contract for reducing working hours.
Thanks