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Hi I did submit this...
Hi I did submit this question yesterday but had issues with payment and had to resubmit it..I spoke with you previously regarding change in my employment. I was previously employed as a full time beauty therapist but due to university commitments; I was required to become a casual employee as such I have been issued with a new employment contract. My original contract mentioned a restraint period, preventing me from working within a 5 km radius of the salon and also preventing “solicit, canvass, approach or accept any approach from a client with a view to obtain the custom of that person in a business that is the same or similar to the employer”. In my new contract there is no mention of any restraint period or restraint area. I would still like to wax from home, which as we previously discussed, was not possible given my original contract. The concluding clause of my new contract is “the contents of the contract constitute the entire agreement between you and the Employer. Any previous agreements, understandings and negotiations on this subject matter cease to have effect”. I would just like to clarify that because there is no mention of a restraint period or any mention of me continuing to wax clients who chose to follow me from the salon, at home, that there is no way that I could be taken to court. If you could advise on my situation, that would be great.Also, on the contract, my boss is a husband and a wife, the husband being the “director”. The husband has used his wife as the witness for his signature, is this okay? And do I need to have the same person witness my signature? I don’t want to do anything that may mean the contact is voidable, especially if this contract means I’m able to wax from home.
Submitted: 11 months ago.Category: Australia Law
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Answered in 7 hours by:
9/15/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,909
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Morning

The words “the contents of the contract constitute the entire agreement between you and the Employer. Any previous agreements, understandings and negotiations on this subject matter cease to have effect” end the last contract and they cannot use the previous contract against you.

The boss witnessing the contract does not make it invalid. You all signed and it is valid.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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

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