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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5045
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I would like to get some information about whether a

Customer Question

i would like to get some information about whether a non-compete clause is enforceable
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet
JA: Please give me a bit more information, so we can help you best.
Customer: i am the general manager of a consulting business in perth. due to the slowdown in the economy in Western Australia my contract is being terminated. my employer has a significant number of clients in Perth and the non compete clause prevents me from working for any existing client - which will severely limit my options
JA: Is there anything else important you think the Lawyer should know?
Customer: nothing specific
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Australia Law
Customer: replied 8 months ago.
Non compete clause below - area is WA and period is 3 months.
17 Non competition
17.1 During employment
The Employee will not without the prior written consent of the Company during the Employment either directly or indirectly in any capacity (including without limitation as principal, agent, partner, employee, shareholder, unitholder, joint venturer, director, trustee, beneficiary, manager, consultant or advisor) carry on, advise, provide services to or be engaged, concerned or interested in or associated with any business or activity which is in competition with any business carried on by the Company or the Group, or be engaged or interested in any public or private work or duties which in the reasonable opinion of the Company may hinder or otherwise interfere with the performance of the Employee of his/her duties under this Agreement.
17.2 After employment
After the termination of the Employment (however that termination occurs), the Employee will not without the written consent of the Company for the Restraint Period set out in schedule 1:
(a) anywhere within the Restraint Area set out in schedule 1 directly or indirectly in any capacity (whether as principal, agent, partner, employee, shareholder, unit holder, joint venture, director, trustee, beneficiary, manager, consultant or advisor) carry on, advise, provide services to or be engaged, concerned or interested in or associated with any business or activity which is competitive with any business carried out by the Company or the Group at the date of termination of the Employment;
(b) canvass, solicit or endeavour to entice from the Company any person who or which at any time during the Employment or at the date of termination of this Agreement was or is a client or customer of or supplier to the Company or the Group or in the habit of dealing with the Company or the Group;
(c) solicit, interfere with or endeavour to entice away any employee of the Company or the Group; or
(d) counsel, procure or otherwise assist any person to do any of the acts referred to in clauses 17.2(b) and (c).
This clause does not prohibit the Employee (whether directly or through nominees) of holding shares listed on a recognised stock exchange, provided the Employee does not hold more than 5% of the issued capital of a company.
Customer: replied 8 months ago.
Parent company is a recruitment firm, I work for a subsidiary providing business and technology consulting services
Customer: replied 8 months ago.
my experience is in business and technology consulting - this clause effectively prevents me from working for any other technology consulting firm in Perth
Customer: replied 8 months ago.
Parent company website is www.talentinternational.com.au - Subsidiary I work for is www.avecglobal.com
Customer: replied 8 months ago.
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Expert:  Daniel replied 8 months ago.
Hello
As the way it is written, frankly, is way to restrictive and it is drafted, you cannot find work in the whole city of Perth it seems.Thus, it would be my submissions that it cannot be enforceable as it basically disallows you from making a living, unless you find employment in another city!Please click accept and rate my service. I am able to answer further questions after accepting also at no further cost.I can also speak on the phone.
Expert:  Daniel replied 8 months ago.
Expert:  Daniel replied 8 months ago.