Employment Law Specialist Brisbane

An employee can’t be restrained from being employed by an employer just because they dislike them or disprove of the relationship. An employee ought to be free to use their own skill and know how to earn a living. 

If you have been told by a past employer that they disprove of your new employer and that they will try to stop you from taking up your new job, Call Us and Speak to an Expert today.

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What Our Clients Say

“The industry I work in is tough, it was good to speak to someone who understood my day-to-day work challenges. My boss told me that I wasn’t entitled to overtime or annual leave. I didn’t have any reason to doubt him. It wasn’t until I spoke with Hunter and he helped me understand the Award which applied to my job and the entitlement, including overtime, that I ought to have been getting paid.” – Percy

Restraint of Trade

Why is a written employment contract important?

For a restraint to be enforceable it must be reasonable. What is reasonable depends of the facts of a case. What is unreasonable is a universal restraint that prohibits all employment with all competitors. In seeking to enforce a restraint a past employer must be able to turn to a written employment contract that sets out the scope of the restraint.

restraint of trade

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Restraint of Trade FAQs for Employees

Related Services

What is Confidential Information?

Simply put its information that is not otherwise publicly available. For information to be confidential it ought not be publicly available. More often that not employees will have exposure to confidential information in the course of their employment. Examples of confidential information include pricing schedules, customer lists or computer codes. An employer has a legitimate interests in protecting its confidential information which may take the form of pricing schedules, customer lists, computer codes to identity of a supplier.

Does working for a competitor mean I’m going to use confidential information?

Not at all. An employee’s own skill and know how is enhanced by way of their employment. For example even just the accumulation of years working in a field of endeavour may result in an increase in the persons value in the employment market.

I’ve used confidential information, what should I do?

Caution needs to be exercised if a new position has been taken up with the intention of using a past employer’s confidential information. There are not many instances within which an employee can be personally liable in an employment relationship, however, this is one. The appeal of a new job, more money and higher status is attractive. If it is a condition of the new job that you will be expected to use your knowledge of a past employer’s confidential information, then speak with us immediately. If it is established that a past employer has  suffered loss and it is able to attribute that loss to your unauthorised use of its confidential information then you may be personally exposed.

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