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I was wondering if you could please help me .. please excuse…

Good Morning ... I...

Good Morning ... I was wondering if you could please help me .. please excuse me if I have contacted the wrong channel .. I sold my Hairdressing business September 2017. The conditions on the sale of contract would be to work full time for a period of 12 months to aid in the transition of the client base to the new owner and obviously there is a geographical area of restraint to work thereafter. We are approaching 7 months in and to date I have been made very uncomfortable, the new owner is very condescending.. we have had numerous meetings to the point where she was encouraging me to leave and then changes her mind on the next meeting, does not involve me with the other staff nor the salon for that matter. I feel I have done all I can for the transition which unfortunately the client base are not warming to the new owner and the client demand for myself is very high... which i feel she is taking her frustrations out on me. I feel it is best for both myself and the new owner that we part ways. My question please is that if I was to hand in my notice and we both agreed where wil it leave me legally as I still have to be able to earn a living as a hairdresser in the meantime as far as the geographical area of restraint is concerned. Thank you so much

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Western Australia

Lawyer's Assistant: Has anything been filed or reported?

The only filing is the sale of contract of business and it’s conditions and I have documented all conversations

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so at this point thank you

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Answered in 5 minutes by:
3/13/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,331
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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did you receive an complaint in writing yet ?

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Customer reply replied 4 months ago
Good morning John ... I am the employee asking the advice.. I sold my business to the individual and now am working with her per contract of sale of business of 12 months full time

thanks for that. Then in this case you may have a claim for bullying.

From the description you have provided there is workplace bullying occurring to you. Part6-4B of the Fair Work Act 2009 (Cth) (FW Act) empowers the Fair Work Commission (FWC) to make orders to stop workplacebullying.Bullying at work occurs where a worker is subjected to repeated unreasonable behaviour by an individual or group of individuals that creates a risk to health and safety: s 789FD(1). The definition of bullying does not include reasonable management action carried out in reasonable manner: s 789FD(2).

An application for stop bullying orders may be made by you under the Fair Work Act.

The Fair Work has discretion to deal with an application as it considers appropriate, including by mediation, conference or hearing. The applicant and alleged bully, as well as the principal(s) or employer(s) of the applicant and alleged bully will be given an opportunity to be heard and put forward their case.

The main point is that you have a legal right to be protected and the law will come to your aid.

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as for the restraint that is in question can you upload a copy of the wording to see if it is enforceable ?

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Customer reply replied 4 months ago
Thank you ... I am uploading it now

thank you

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the restraint is broad and you will be able to argue against this type of restraint.

does this answer your question today ?

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Customer reply replied 4 months ago
I am sorry John if I am being ignorant .. could you please break that down for me ??.. what does that mean ?

ok,

where the restraint is to broad you can argue that it prohibits you from earning income that a reasonable person is entitled to do.

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Customer reply replied 4 months ago
Ok ... thanking you so much for that.. it is very much appreciated... if I need further advice would I be able to contact you directly?.. based on the grounds that you have my background?

you are welcome.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this supports me helping the community and thank you for using Just Answer.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,331
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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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).

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