Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

I own a blind business and just found out he has been

Customer Question
selling the same product using...
I own a blind business and just found out he has been selling the same product using his website on my time how can I sue him and what is this called technically?
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 2 years ago
He was employed as a salesperson I've paid him well and to my disgust found out he's been gaining work using my time,knowledge, and marketing strategies using his own website!
Customer reply replied 2 years ago
My phone number is(###) ###-####thanks ! This is really urgent as I need to fire him ASAP and take legal action against him
Customer reply replied 2 years ago
Can I sue him for stealing intellectual property
Answered in 4 hours by:
8/17/2015
Solicitor: Patrick H., Lawyer replied 2 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

It would assist if you can elaborate on what sytems, strategies or documentation he has taken or used for his private purposes.

If you would like a phone call then you should indicate what times would suit for a phone call.

Patrick

Ask Your Own Australia Law Question
Customer reply replied 2 years ago
Please call at Perth time 9am on(###) ###-####thanks . He hasn't to my knowledge stolen anything but created a website behind my back and using it to solicit work in direct competition to my company as I'm his employer. He also uses my strategy for creating leads
Solicitor: Patrick H., Lawyer replied 2 years ago
I have sent you an offer for a phone conversation. Once you accept I will contact you ASAP after.
Ask Your Own Australia Law Question
Customer reply replied 2 years ago
I've already paid 90 dollars for no response !
Customer reply replied 2 years ago
Can youp lease call me ive paid 90 dollars to so far get no advice .(###) ###-####urgently!
Solicitor: Patrick H., Lawyer replied 2 years ago

Sorry, but extra charges are supposed to apply where a phone conversation is sought. Noting you are unwilling to pay for a phone conversation, I will attempt to address your answer as follows.

Your case against your employee will be clearest if you have a written contract that specifically restricts your employee from competing with, or to use your intellectual property for private purposes, but absent a clear contractual term to that effect, your ability to take action against your employee is problematic. This is one of the reasons it is important to have a written and well thought through employment contract for all staff.

Although it creates some uncertainty, without a suitable written contractual term, you may still be able to take legal action or disciplinary action if you can demonstrate your employee has misused something that is the property of you as the employer (whether physical, or intellectual property, or whether he has use his time working for you to run his own business) then it would appear he has breached his duties to you as his employer. Essentially he is breaching an implied term of his employment contract.

acted in a way which conflicts with his duties to you as an employer, but whether this is grounds for a law suit or for summary dismissal will depend on exactly how serious the misconduct is. Absent a clear contractual prohibition, a court or the Fair Work Commission will not find that an employee has done anything wrong just because he does some similar work outside of normal hours, but may take a far more serious view if your staff member has taken your companies customer list and is trying to convert your customers to his. The former is not a problem at all as far as the law is concerned, and the later would likely be grounds for both summary dismissal and a damages claim.

If you cannot identify anything that your staff member has actually taken from your company, or cannot prove he has been operating his competing business on your time, then your case against him may be problematic.

If you can prove he was working on your time, then he is clearly in the wrong, but if not, and you are only really able to establish that he is operating a business in competition with ou, then the following link may assist your understanding of what employees are allowed or not allowed to do even without a formal contract:

http://www.austlii.edu.au/au/journals/UNSWLJ/2001/27.html

If you can show he is in the wrong, whether you can simply dismiss your employee will depend on how serious his misconduct was. One phone call on your time for his own purposes, is likely only cause for a warning, whereas spending hours running his own business when he should be running yours, would likely be accepted by the Fair Work Comission as grounds for summary dismissal.

If you have a follow up question I'd be happy to assist you further.

Otherwise, please rate my answer.

Patrick

Ask Your Own Australia Law Question
Solicitor: Patrick H., Lawyer replied 2 years ago
i now you have reviewed my answer.
Of you have a follow-up question please ask, otherwise please rate my answer.
Thanks,
Patrick
Ask Your Own Australia Law Question
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. 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.

Daniel

Daniel

Solicitor

5,800 satisfied customers

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

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I am a Yr. 6 classroom teacher for two days a week in a
I am a Yr. 6 classroom teacher for two days a week in a Riverland Primary C … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Purchased a second hand bus from a bus sales company in Q
purchased a second hand bus from a bus sales company in Q LAND … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK
COUNCIL HAS DECLINED AN APPLICATION FOR A SMALL DECK EXTENSION. Is the Land and Environment Court the best approach to get this overturned and do I need legal representation for such a hearing ?? … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I own a small business I employ 6 staff I'm having trouble
I own a small business I employ 6 staff I'm having trouble with a staff member who has separated with there partner. they have been employed for a number of years with me . The staff have all become f… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Katy is a 40 year old mother of three who has a drinking
Katy is a 40 year old mother of three who has a drinking problem, she is addicted to alcohol in its many forms as well as taking medicinal drugs. her husband has kicked her out of the house and her li… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
If requested is the body corporate management required to
If requested is the body corporate management required to supply a copy of the minutes to a committee member. We keep being told they are on the website however this is not the case and as we have a m… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am interested to find out what my entitlements are if i am
Hi, i am interested to find out what my entitlements are if i am being made redundant … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was divorced back around 2000 my passport number is XXXX.
My name is***** was divorced back around 2000 my passport number is ***** I have been living in Jakarta since then. I have two children from that marriage. I wish to fly back to Australia shortly but … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I own a commercial property - warehouse. i want to get rid
I own a commercial property - warehouse. i want to get rid of a tenant who is unable to move out (large equipment). He is in default. I am at a loss. I have given him eviction orders but he cannot mov… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
When you get bullied and intiminated in your own home .what
when you get bullied and intiminated in your own home .what can you do about it … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
Victoria +australia +who is +responsible a computer Magazine
Hi, My name is***** +victoria +australia +who is +responsible a computer Magazine claims a Sotware program is Freeware, but when it is installed one finds it is not Freeware at all … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am looking to understand a fathers rights to
Hi, I am looking to understand a fathers rights to custody/contact after birth if the parents are not together … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I have worked as a casual for the same employer for 18mths.
I have worked as a casual for the same employer for 18mths. I have asked on numerous occassions to be made permenant and always been ignored Now I am told this morning my services are no longer requir… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
CAN ABREAK OF EMPLOYMENT FOR 2 YEARS & THEN RE COMMENCING
CAN ABREAK OF EMPLOYMENT FOR 2 YEARS & THEN RE COMMENCING FOR 13 YEARS BE ADDED TOGETHER FOR LONG SERVICE LEAVE. SAME EMPLOYER IN TOTAL 21 YEARS … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My son passed away in September his employer tried to put
my son passed away in September his employer tried to put his 1/4 super in by due date and money bounced back to his account. I have called many times and have been told both my sons accounts are inac… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Haveing problems with my wife deboura. Nsw. Wife stoping me
wife stoping me seeing my child cassandra she is 14 years old… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I am after a criminal lawyer advice. Victoria. Was asked to
nope was asked to get one there is no trial i have not done anything wrong now its something that happened 4 years ago … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My daughter is in year 4 at school and has been experiencing
Hi my daughter is in year 4 at school and has been experiencing bullying by teachers and students from being called a disappointment to a slut whore c**t and also being physically bullied and I'm not … read more
John Melis
John Melis
Diploma In Law
629 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