Employee restraint successfully enforced

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PaulM Paul Meredith (Member since: 4/07/2010 12:05:45 AM)
I am the Head of Professional Standards at the Institute, a chartered accountant and a former suburban practitioner.

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Comments (3)

24330
11/05/2012 9:22:58 AM Mark Lennon said:

Thank you for "posting" this Paul.

by
tan14sep
19/06/2012 1:38:05 PM Tanya Fitzpatrick said:

I have a former employee that has done the same in that she has started employment within 20mtrs of my business and clients have followed her.  Our contract states that she is unable to be employed within a 10km radius for a period of 1yr.  What compensation can i get if any & the pro's & con's of going through this?  thanks

by
PaulM
20/06/2012 3:06:31 AM Paul Meredith said:

Tanya, this is a matter on which you will need to seek legal advice. If a contract of employment contains certain terms, and there has allegedly been a breach of those terms, then the presumption would be that there should be scope for pursuing an action for breach of contract. A conversation with a solicitor should frame up the issues for you and allow you to determine whether the costs of pursuing a legal remedy make it worthwhile in these circumstances. We'd encourage you to share here any insights you come to in your consideration of these issues.

The Institute, in conjunction with participating law firms around Australia, provides our members with up to 15 minutes telephone consultation with a solicitor at no cost - details here (login required).

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