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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have recently left my employer to work with my brother at

Customer Question

I have recently left my employer to work with my brother at his flooring store in Perth WA. My previousl role was as a manager at a commercial flooring company, also in Perth. Whilst I was there for 18 months, I had a new contract issued on the 1st October 2015 that states that "any previous agreements, understandings and negotiations on this subject matter cease to have effect" - when refering to my previous contract.
I had a 6 month probationary period, meaning that on the 1st April I reached 6 months. I tended my resignation on the 30th March, and my last day of employment before being leaving in leiu of notice was 1st April.
Things have gone a bit sour, and my previous employer is threatening action on restraint of trade etc.
My question is: If I left within the probationary period, and was not informed that I was permanent and passed probation, is my employment contract still valid?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good MorningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.If you have resigned then your contract is over. You have two make sure you comply with the notice period in the agreement. Did you do that?
Customer: replied 1 year ago.
I gave 2 weeks notice, but was paid in lieu of notice.
Customer: replied 1 year ago.
My question is that if I resigned during a probationary period, am I bound by post employment restraint clauses?
Expert:  Leon replied 1 year ago.
Good MorningThe restrain period does apply.You cannot avoid thatIf it is too onerous though and they want to enforce it the courts will read them down so they are not that onerous on you. But you are bound by them.