NSW Work for Client of Current Employee - Legal Under Employment Law?

[Lawissues]

I am working as part time for the consultant company. I have introduced a client to my employer for some business projects, but the client does not trust my employer and do not want to go ahead with my employer.

The client knows that I am the people who actually know how to implement the project. So, they try to ask me to do the project without my employer know. They told me to use my husband's name to set up a company and partner with them, so I can just work for my husband's company, and at the same time still work for my current employer due to the fact that the projects we are going to implement cannot general any income in the short-term to cover up my daily life cost.


Should I go ahead with it? If my current employer find out, what legal action under employment law they can take to go against me? If I am in the wrong, what is the maximum penalty for me, my husband and his new company?

Thanks.

 

[Ivy]

Hi there,

The potential consequences of you doing something like this largely depend on what your contract of employment or enterprise agreement says.

Are there any clauses about working for more than one employer or restraint of trade clauses in your employment contract?

For more information on restraint of trade clauses, see this blog post: Employment Contract Restraints of Trade - So What? - Legal Blog - LawAnswers.com.au

 

[Lawissues]

Hi Ivy, thanks for the reply, the fact is that my current employer are very strange, they still drag the time and do not sign the contract with me. I have already work for them for more than 4 months. I do not know why. So, under this situation, could you please advise me if I should go ahead with it?
If my current employer find out, what legal action under employment law they can take to go against me? If I am in the wrong, what is the maximum penalty for me, my husband and his new company? Thanks.

 

[Ivy]

Firstly, if your employer could take legal action against you it would be civil, not criminal. Therefore you wouldn't be penalised (fines, prison sentence) but you might be ordered to stop doing work for the client or to pay compensation for losses of your employer.

Secondly, you said that your employer hasn't signed your contract. Does this mean that you have a contract document that hasn't been signed? Or that you don't have a contract document at all?

 

[Lawissues]

Hi Ivy,
Thanks for the reply. Apparently, my boss has told me that they do have a contract document for me to sign. However, I have never seen it.Search your advice, thanks.