Employers suffer under Australian employment law. The law favours the Employee. The only way to fight back is with an Employment Contract online. We are a law firm. You are building your Employment Contract online on a law firm’s website. We are the only Australian law firm providing legal documents online. Protect yourself.
The government does not want to stop your ex-Employees from working in their chosen trade or profession. Irrespective of what you put in your Employment Contract:
You can’t stop the ex-Employee working in his field of expertise. But stealing your clients, suppliers and confidential systems is a different story. In our Employment Contract, you can stop your ex-Employee from stealing your goodwill. This is the same as stopping them from stealing your office furniture or tools.
However, the non-solicitation restraint has to be reasonable. This to both:
Have a look at our Sample Employment Contract on how we deal with this issue of both ‘time’ and ‘area’. We put it in stages. If the court thought the ‘time’ restraint was too long, then the court enforces a shorter period. If you didn’t do this then the court may not enforce any ‘time’.
In Entello v Firooztash, the Employer had to go to court. This was to enforce a six-month non-solicitation restraint. This was because the Employment Contract failed to contain the 6-month restraint. Ours does.
The Court has broadened the concept of ‘solicit’ in favour of the Employer. Our Employment Contracts adopt this better definition.
The Court stated that ‘solicit’ means ‘to ask for business’. That is not new. What about if your ex-Employee does not telephone or email your clients? In other words, the ex-Employee does not expressly ask the client to come and join him. The ex-Employee may not have approached the client at all – it may be the client approaching your ex-Employee.
The ex-Employee is still ‘soliciting’ that is ‘asking for business’ if he gives the impression of wanting the client. It is soliciting if there is any encouragement. This is new law and highly beneficial to you. This is provided that you have an up-to-date Employment Contract online.
Yes, Employment Contracts often go out of date – they are therefore useless. However, our Employment Contract online is subservient to mandatory employment laws. This stops your Employment Contract from going out of date.
You and your Employee may wish to alter the Employment Contract. You can alter the Employment Contract by an exchange of emails.
We put in a unique set of powers. Change the terms of the Employment Contract without getting your Employee’s permission. This is via procedure manuals and policies. You love the flexibility. We are putting control back into your hands.
A government has a multitude of employment rules and awards designed for one purpose – to protect the Employee. Fight back with our Employment Contract.
Telephone us for help in answering the question. We are a law firm.
Adjunct Professor, Dr Brett Davies, CTA, AIAMA, BJuris, LLB, LLM, MBA, SJD
Legal Consolidated Barristers and Solicitors
Australia wide law firm
Head Office: 39 Stirling Highway, Nedlands, WA
Mobile: 0477 796 959
National: 1800 141 612