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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3587
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Restrictions on competition. The employy and any related party

Resolved Question:

Restrictions on competition.
The employy and any related party or family members to the Employee and must nor in any manner whatsoever either directly or indirectli be concerned or interested either alone or in partnership with or as manager or servant or agent for any other person or company or corporation in the Hotel Business or Hospitality Business or any other business of similar nature within 20Km of any CQHG hotel venue for a period of 2 years after the termination of their services or contract.

Hello My name isXXXXX working at arestaurant as a chef in a rural area. This town is very small as every place is in 5km and there are only three restaurants in this town. I have worked here for two years and my wife is working at the day car. I have just made new contract on the 9th of June and it was about starting from 1st of July 2013 as old contract did not have that low. But they started pushing working more after signing on the new contract because my salay going up so I gave up to working more as I submitted resignation letter 20th of June 2013 with 3 weeksnotice. Now I'm looking for my job near here as I will finish this current job soon. However the manager said me I have to get out of this town as the police as above.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

Such restraints are simply not enforceable, especially in such a limited market such as yours.

It is a restraint of trade and you are free to seek work elsewhere.

They have no recourse against you as you need to earn a living.

It is that simple.

Please accept.
Customer: replied 1 year ago.


I would like to get more accurate information such as a related precedent or case low to be against them in case they enforce me. I think they're bullying me but I cannot just ignore their text message.


### XXXXX message###


We will enforce your contract. Any gain you make will be eaten up in legal costs. We put clauses in employment agreements for a reason. So the option is to stay at the hotel or we see you in court.


 

Customer: replied 1 year ago.
Relist: Answer quality.
I would like more accurate information with such as a related court case or precident. And this low is in the part of confidentiality.
And I should tell you this text message that is sent by employer. I think they are bullying me to let me stay here but I cannot just ignore it.
### XXXXX text message ###
We will enforce your contract. Any again you make will be eaten up in legal costs. We put clause in employment agreements for a reason. So the option is to stay at the hotel or we see you in court.

Expert:  Daniel replied 1 year ago.
In the recent case of Wallis Nominees (Computing) Pty Ltd v Pickett [2012] VSC 82 (14 March 2012) the Court found that a restraint clause was not enforceable because the interest the employer was seeking to protect was not legitimate..

The Court, found that more than exposure to or interaction with the client by the employee was required to justify an employer's protection.  The Court stated that the employee was not a person whom created a risk of exploitation that required protection by restraint clause.

In the matter of Birdanco Nominees Pty Ltd v Money [2012] VSCA 64 (4 April 2012) The Court rejected the employee’s argument that the restraint clause was unreasonable because during his employment with the employer he had not worked in a sufficiently senior capacity.

With respect, because you are a chef, not a person of a senior role, or far senior role, you are not obliged to follow the clause.

You are free to move on.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3587
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Daniel
Daniel
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Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court