Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

I currently have an employment contract with a recruitment…

Customer Question
I currently have an employment...
I currently have an employment contract with a recruitment agency which expires on June 30. The assignment I was contracted for ended at the end of April. The client chose to keep me on to the end of my contract (June). In the interim another project came along and the client asked me to take on this role. I said I would like to but didn't want to renew or extend the contract with the recruiter and would like to enter into a fixed term contract with the new client. The project assignment I will be working on is different to the one I was assigned to under the contract so strictly speaking the client is not the same even though it is within the same organisation. My employment contract states that I cannot after the end of my contract be engaged directly by the client - is this enforceable?
Can I choose not to enter into an extension with the recruiter and negotiate my own terms with the new client?
The primary reason for not wanting to continue with this arrangement is that the conditions are not in my favour ie: agency takes 15% and I have no entitlements. The reason I have been kept to the end of my current contract and offered a different role at the end of it is due to my work performance and skills.
Submitted: 3 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 2 minutes by:
6/11/2015
Solicitor: Leon, Solicitor replied 3 years ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
You cannot take on the role with the employer unless the agency agrees to you doing it.
If you do without their agreement you can be sued.
If you can show that it is harsh and unreasonable you can fight it in court but they have a right to enforce it.
The agency has these clauses so that they do not lose the commission.
The clause though cannot be indefinite. It can only be for a short period.
How long is it for?
Ask Your Own Australia Law Question
Customer reply replied 3 years ago

It is for 6 months. What if I re-negotiate the contract for more money and to have that clause removed?

Solicitor: Leon, Solicitor replied 3 years ago
Good Afternoon
6 months may be seen as unreasonable and the courts may reduce the time to 2 or 3 months but it is enforceable.
That is possible of they agree.
Speak to them and see what you can do.
All the best
If there is nothing further thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 3 years ago
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 3 years ago
Good Evening
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
46,909 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,909 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
The Role I had at the 1st jan 2015, has gone through a
The Role I had at the 1st jan 2015, has gone through a restructure phase starting in april, where part of the role has moved to a new division of the company, with the remaining role no longer exisiti… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
I have worked for a non government organisation for 20 years.
I have worked for a non government organisation for 20 years. I am in a senior position $130,00+ a year and there have been no performance issues, quite the contrary. The board of management have told… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
Yesterday I was advised that my role would be changing from
Yesterday I was advised that my role would be changing from Agency Manager to Senior Recruitment Consultant, the branch has not been performing due to staffing issues, we were placed on an activity re… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hello, I have a redundancy question. I have worked for a well
Hello, I have a redundancy question. I have worked for a well known mining company and the mine (in the country) I have worked at has been shut down due to safety reasons. I have worked for this compa… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Hi, I work for a client through companyA. Now I want to change
Hi, I work for a client through companyA. Now I want to change my company to companyB who also will deploy me to the same client. That way my current employer and new employer are competitors for the … read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
Hi dear experts. I would like to get some advice from you.
Hi dear experts. I would like to get some advice from you. I reveal my case in the following lines: I signed a contract a year ago with a recruiter agency lets call it "X" in which I am providing my s… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have been in Australia for almost 8 years on a 457 visa,
I have been in Australia for almost 8 years on a 457 visa, initially on an international assignment from the UK for the first 4 years via various extensions to my initial 2 year contract. I was then t… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
I could not get company paid maternity leave and also worry
I could not get company paid maternity leave and also worry about the job I am employed with a company has a 16 weeks company paid maternity leave policy, which is different to the government policy. … read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
I run a specialist recruitment agency providing companies with
I run a specialist recruitment agency providing companies with engineers on a temporary basis or if requested on a contract (ie, they provide me with an invoice after their months work and I pay them … read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
Until early last year I was a long term permanent employee
Until early last year I was a long term permanent employee of an Australian oil and gas company based in Perth. I was seconded to Houston on expatriate assigment in May 2007 for two years. Prior to co… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
Scenario:We request a recruitment company to source a new full
Scenario:We request a recruitment company to source a new full time employee and they provide a candidate A(after interviews & reference checks) who we offer the position to in July. The candidate's c… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
It seems to me that I need to know conclusively if the client
It seems to me that I need to know conclusively if the client supports the recruitment agency and what, if anything, they actually said to the recruitment agency . From there I can evaluate what the c… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
What terms or conditions or service agreement exists, when
What terms or conditions or service agreement exists, when a recruitment agency performs job search and/or placement services for a candidate; considering that no agreement is rarely signed. I am tryi… read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
My employer has approached me and said that they are performing
My employer has approached me and said that they are performing a restructure and my job will no longer be available. They would like to move me to another role - my issue is that the other role they … read more
Leon
Leon
Solicitor
Master's Degree
46,909 satisfied customers
I am a contractor, working with a client of an employment agency.
I am a contractor, working with a client of an employment agency. I received a contract letter, outlining the following: "Your start date will be on the 19th April 2010 for a period of 12 months in du… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hi, My wife is currently contracting through an employment
Hi, My wife is currently contracting through an employment agency as a temporary contractor, I.E. Her contract runs in 6 months rolls. She has been extended once already. The corporate client that she… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Federally funded Aboriginal community controlled but incorporated
Federally funded Aboriginal community controlled but incorporated in the Inc Associations Act 1987 Western Australia. Board>CEO>Senior Managers. The Board is only responsible for hiring the CEO … read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Can an employer advertise for a job that is already filled
Can an employer advertise for a job that is already filled by soemone so that they can then get someone else and push them out.… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x