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Are these clauses legal ? that seems unfair
What Are They ?
if you have an employment contract, chances are that it contains clauses that prevent you from competing with your employer or approaching and soliciting their clients or employees.
These clauses will typically continue to operate even after the termination of your employment.
Who We Are
Gorval Lynch is an Employment and Litigation law firm located in Sydney CBD.
The firm is managed by Serge Gorval and Matthew Lynch who have over 20 years experience and have represented clients all across Australia. We are a litigation law firm which means that we will take your case to Court when our competitors say "its too hard".
We have successfully defended Restraint cases and recovered the costs of litigation from our opponents. If you are concerned about your rights and obligations under your employment contract you should contact us for a confidential discussion.
We are confident in our advice and representation which is why the first conference is free of charge and on us.
The Facts About Restraint of Trade Clauses
Well What is Reasonable ?
that question unfortunately cannot be answered in a single paragraph as it's critical to consider the unique circumstances of your situation and your particular employment contract.
We have reviewed and advised on 1000's of employment contracts and unique circumstances so the easiest way to find out where you stand is to get in touch and discuss your matter with our Expert Employment Lawyers.
Employment Contracts are unique. Speak to our Expert Lawyers to Discuss your Situation.
Don't delay. You only have a 21 days to file an action if you've been unfairly dismissed.
Where We Are
Julia Leeds
SOLICITOR
Merna Aziz
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We represent employees Australia wide!
but we represent employees
Australia wide!
MATTHEW LYNCH
Our Experts
SERGE GORVAL
The short answer... it depends.
In each state other than NSW, the common law doctrine applies which means that restraint of trade clauses are deemed to be void and unenforceable unless it's established that the restraint is reasonable and is in the public interest.
In NSW however the Restraint of Trade Act 1976 applies which states that such clauses are valid UNLESS, they are contrary to the public policy.