Employment Contract - Training Video
Автор: Legal Consolidated online legal documents
Загружено: 2021-02-15
Просмотров: 388
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You can build this document and 380 others at our Law Firm's Website:
https://www.legalconsolidated.com.au/...
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Start building the documents for free. See the full sample for free. Read the hints and watch the training videos as you build the document. And telephone us for help.
Employers have no rights.
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.
Stop an ex-Employee working in his trade or profession?
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:
a financial planner can continue to be a financial planner: see Entello v Firooztash [2016] QDC 50)
an accountant can continue to works as an accountant, do tax returns and audits
an electrician can continue to be an electrician
Stop an ex-Employee stealing your clients
You cannot 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:
1. time (after they leave you); and
2. the area, such as ‘100 kilometres’ of where they worked.
Are restraints of trade legal?
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.
Liability limited by a scheme approved under Professional Standards Legislation.
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