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Sean
Sean, Experienced lawyer
Category: Australia Law
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Experience:  Law degree with 1st class honours from Australian National University.
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I have signed a contract with a company on 12th Nov 2012 in

Resolved Question:

I have signed a contract with a company on 12th Nov 2012 in that contract it has mentioned that " the employee will be paid 800$ per week once the principle (employer) receives the invoice" also it has mentioned " the employee will be paid on the monday of the following week" my employer has not paid me properly even after he received the invoice. he has breached the terms and conditions of the contract.

my question is if the employer breaches the contract will the restrictive covenants contained within the contract is automatically void
Submitted: 1 year ago.
Category: Australia Law
Expert:  Sean replied 1 year ago.

Hello and thank you for your question. My name is XXXXX XXXXX I would be happy to assist you with this.

If your employer has not paid you as agreed, you could claim that your employer has breached a fundamental term of the contract and therefore has repudiated the contract. This means that if you accept the repudiation, the agreement will be at an end, including the restrictive covenants.

Also, for the restrictive covenants to be enforceable, they would need to be reasonable for the protection of your employer's business. If they operate to prevent you from earning a living, it will be difficult for your employer to say that they are reasonable, in which case a court would find that they are unenforceable.

If you want to end the contract, you should write to your employer, tell them that by not paying you they have repudiated the contract and you are accepting that repudiation as termination of the contract, which will bring your contractual relationship to an end.

Please let me know if you need any more information.

Regards,
Sean
Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience: Law degree with 1st class honours from Australian National University.
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Sean
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Law degree with 1st class honours from Australian National University.