I need to know....

[Lightning McQueen]

Almost 2 decades ago I took a job with a startup company which insisted on a similar clause in the work contract. I sought advice and was told that the clause was basically not enforceable. So I happily signed up.

Got the arse in less than 12 months but that is another story...

Escorting?

[Booney]

Almost 2 decades ago I took a job with a startup company which insisted on a similar clause in the work contract. I sought advice and was told that the clause was basically not enforceable. So I happily signed up.

Got the arse in less than 12 months but that is another story...

Escorting?

Guiding, gently.

[Smashed Crab]

Basically it's Restraint of trade v's Non Compete.

From something I've used previously :

When assessing whether a restrictive employment contract is reasonable and valid, the court will take into account the duration of the restraints, the geographic area in which they apply, and the activities of the employee the restraints seek to control.

Post-employment restraints are presumed to be invalid and unenforceable unless it can be shown that they are genuinely necessary to protect commercial interests. The onus is on the employer to demonstrate that a clause imposes no greater restraint than is reasonably necessary to protect these interests.

Employers can’t use a restraint clause to protect themselves against the usual processes of competition in a sector or market. Generally, broad restrictions on competition won’t be deemed to be reasonable or enforceable.Legitimate interests that are commonly recognised as supporting a valid restraint include the employer’s confidential information or trade secrets, customers and clients of the business (business goodwill) and the employer’s staff. It should be noted that an employee’s knowledge of confidential information and trade secrets is, in the eyes of a court, different from the more general know-how and expertise they use to do their job.

A restraint clause typically upheld by an Australian court is one of between three and 12 months’ duration, restricted to a specific geographical area and reliant on a special need to restrain conduct (e.g. solicitation of clients the employee had contact with).

Restrictive clauses aren’t essential in employment contracts because there is an inherent protection regarding confidential information. That is, if a contract doesn’t have restrictive provisions, an employee can simply take and misuse confidential information.

If an employer needs restrictions beyond that – for example, against the solicitation of clients or employees – carefully worded and reasonable restrictive provisions are required.

Without giving away who we are, we have confidential information/trade secrets on how to do certain things which gain a much higher % positive gain than the other few in our industry within Australia that are effectively directly competing. Very good point Booney on the "in the eyes of the court" statement. The court systems are made to make lawyers copious amounts of money.

Will keep you posted Booney as it progresses. My HR is meant to be updating me this arvo.

JK, if I were to leave my current job, that is something I would definitely say to the potential new employer (if it was in the same industry). Would make it much easier to close the case.

[Booney]

I'll assume primary production, for instance, what you do (trade secret) in your geographical location will/may differ from the results that same process (trade secret) would produce in a different geographical location, which would be considered.

[JK]

JK, if I were to leave my current job, that is something I would definitely say to the potential new employer (if it was in the same industry). Would make it much easier to close the case.

I dont have any experience with this personally, but my missus not so long ago was told to sign an employment agreement aimed at preventing her from plying her trade with a competitor for 6 months should she leave. Naturally I told her not to sign it. At the time I spoke to a mate who listed a few examples of people he/we know who got around it that way with the new employer.

[Lightning McQueen]

Dont many get around it by classifying their new employee as being in a completely different role? (Ie, a Salesperson being listed as a Janitor with his/her new company)

I've seen it many a time, once an expeditor role that becomes redundant, nek minnit, there's a new bloke come in as a scheduler.

[Dutchy]

Could possibly in the Sad thread as well.

Younger peoples mentalities....

I managed a young couple who have an 8 month old. They informed me yesterday of their resignation (not a complete shock to me as I've heard whispers). Now, my industry is pretty small Australia wide so I know what jobs are on the market etc. They've told me they couldn't refuse another job offer, it was a good offer (I'd seen the job advert). Now, I'd been negotiating hard over the last 3 months to get them a pretty big salary increase, one was 17%. Which put them still lower than the other job, but had other perks like free rent, very flexi time for the mum (take paper work home and do it when she has spare time type stuff). So all in all they come out about even, except the other job is on the other side of Australia, so moving/relocating costs. But we have a non-compete in our contracts which stipulates they cannot work for a competitor doing the same produce. The job he got is directly that. I asked them, you guys do remember and understand the non-compete clauses in your contract? They replied yes, but they'll take their chances. What makes me sad is how stupid they are knowing that lawyers will get involved and put an injunction in that they cant work for the competitor for 12 months, and then they will be with no job? It does my head in, it's not like they hated the job here. Younger people these days seem to think they can do anything and have no consequences. I'm friends with this couple, I understand some of their reasoning, but when I tried telling them it is out of my hands now, and explained what will most likely happen they just shrugged and said it s a good opportunity and we're doing it for our child. There going to potentially be jobless. It makes me sad, frustrated and wondering, what the F are they thinking

Some people just need to learn the hard way, you have done all you can both professionally and friendship wise

[Booney]

Julia Morris is as funny as.......

[Jim05]

Julia Morris is as funny as.......

The clap?
I don’t find her funny at all

[Brodlach]

Julia Morris is as funny as.......

House brick

Me neither Jim

[Magellan]

Julia Morris is as funny as.......

A fart in a spacesuit.

[Spargo]

Julia Morris is as funny as.......

...a kick in the nuts
Still a fair way off Judith Lucy though when it comes to horribly un-funny.

[Corona Man]

Julia Morris is as funny as.......

Dave Hughes

[amber_fluid]

Julia Morris is as funny as.......

...a kick in the nuts
Still a fair way off Judith Lucy though when it comes to horribly un-funny.

x 2

[Pseudo]

Julia Morris is as funny as.......

...a kick in the nuts
Still a fair way off Judith Lucy though when it comes to horribly un-funny.

^ No kidding. The missus dragged me to a Judith Lucy stand-up show at the fringe over a decade ago. I laughed once.

[DOC]

Julia Morris is as funny as.......

leprosy

[Booney]

Julia Morris is as funny as.......

...a kick in the nuts
Still a fair way off Judith Lucy though when it comes to horribly un-funny.

^ No kidding. The missus dragged me to a Judith Lucy stand-up show at the fringe over a decade ago. I laughed once.

When she said "We're going to see Judith Lucy"?

[Dutchy]

Is retail dead or on life support?

Got dragged to Marion on Monday night and it was completely dead, shop assistants twiddling their thumbs, complete opposite of what I was expecting.

[mighty_tiger_79]

Is retail dead or on life support?

Got dragged to Marion on Monday night and it was completely dead, shop assistants twiddling their thumbs, complete opposite of what I was expecting.

Its the recession

Sent from my SM-A520F using Tapatalk

[MW]

Is retail dead or on life support?

Got dragged to Marion on Monday night and it was completely dead, shop assistants twiddling their thumbs, complete opposite of what I was expecting.

I think it's most likely people dont realise its late night shopping all week yet.