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My 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 I am very limited on what I can tell you and that you may have to get more detailed advice.
If there is a clause in his contract that he will not poach employees and customers and there is a restraint period then you can sue them for the loss.
If not then you will have a problem.
They can do what they want if there is no restarting of trade in his contract.
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