Unless there is enough cash on offer that after a year in this job you
don't have to work again, or if they want to let you go you get a
golden handshake large enough that people would have thought you
worked on the board of a large company beginning with the letter T,
then don't just walk away, ru
Draconian I agree. Three years not in the same "industry" is
ambiguous. I'd say it would need to be very specific for that
duration.
Here's the other bit that's relevant:
Use of Confidential Information
After termination of this Agreement you agree not to:
(a) retain, disclose or otherwise ma
that is an interesting one there... but under australian law, contracts
which restrict trade or occupation wont hold in court... but how does that
apply to "industry"... as software people, they might simply scope it to be
within a particular industry.. which i think is just as bad given the salary
This may help. The examples clauses below are from my own employment
contract and relate to a services business, but the soliciting clients
and inducing employees are important to all businesses. The geographic
restriction may not matter for most businesses here.
I'm not a lawyer, but my analysis
I agree with the IP issue. And true it is very unlikely the place is going
to try and probe you every month to see where you are working and to see
whether you are breaking any contracts. But if someone is puttig in a 3
year limit, I was wondering what they were trying to signal? Just wanted to
I had one of these with my previous employer and I'd been told that
it's largely all bluff.
The ACCC looks very dimly on restraint of trade.
Your bigger issue is IP (reasonable for them to say that you can't
take code etc. and use it at a new company), but personally I doubt
anyone can prevent yo
