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Hi, I am willing...

Hi, I am willing to work in an Education and learning service centre, the empolyer said that I can't work in the same industry at the same position in SA for 2 years after I resign from their company, is this restriction legal?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

They said it's their policy, but I think it is not fair to restrict me for 2 years after resign.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No, I am a international student, not belong to any union. I didn't sign the contract yet.

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

Can I have annual holiday accumulated if I do a part-time job? with a student visa?

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/21/2018
Solicitor: Leon, Solicitor replied 3 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,714
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 3 months ago

Good Morning

If is was then it is legal but you can challenge it if it is unfair.

If you breach it then your employer can sue you for the breach.

The courts will uphold them provided they are not harsh and unreasonable.

Here is some information about them and examples of what the courts have said.

https://www.codea.com.au/publication/restraint-are-all-post-employment-restraints-enforceable-2/

You can negotiate the restrain clause and make is shorter and also make the area smaller.

But if you sign it then you are bound by it.

As a casual you do not accumulate annual leave or sick leave.

As a full time employee or part time employee you do accumulate them.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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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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