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My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.
Are they in competition with your employer?
But does your new employer compete with your former employer? This is the question I asked
Can you email me the clause so I can read it? I need to be certain on what I am responding to.
The first part says you cannot associated with a party that was a client of the company you work for at the time you left or 12 months before you left.
You cannot work for any company that is involved in any business in the data warehousing and business intelligence industry in the Asia Pacific Region and/or Australia and/or New Zealand;
These are the ones that will affect you.
So if they are a client or former client and or work in the industries set out you are in breach and they can sue you.
I hope this makes sense and is of assistance. If there is nothing further
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I do not deal with the credit card side only the question.
He cannot be involved in the industry at all. He does not have to be a client.
Each paragraph is separate.
You can challenge the clause but you have to go to court.
Also if you were bullied and they knew about it you can sue them for not doing anything about it.
Because they have sued you, you will have to fight them in court. If you dont go to court they will win in your absence and this will be worse.
If they are not in the industries set out in the clause you have to apply to the court to have the application struck out.
You still have to defend the claim.
You have to sue for the intimidation separately.
It has nothing to do with the confidentiality and non competition clause.
They are separate issues.
If you recorded the resignation and there is confirmation that they knew about the harassment you cannot play it in court but you can use it in your affidavit. You have to spend some money and have a lawyer help you.