RESTRAINT OF TRADE

Old employer threatening your new job?

Often, an employment contract will contain terms which seek to prevent you from working for a business which competes with your employer if your employment comes to an end. These are often referred to as ‘non-compete clauses’ or ‘restrictive covenants’. Of course, your skills and experience are likely to be most relevant to the industry within which you work and it is often your employer’s competitors where you are most likely to be looking for your next job.  

Thankfully, the courts are reluctant to allow employers to prevent competition in this way.

Unfortunately, non-compete clauses are usually drafted in a way that makes it impossible to know exactly where you stand and it is important that you obtain expert advice so that you know how a court is likely to rule in your particular case. Many employers vigorously pursue their former employees for breach of restraints of trade and the nature of the proceedings mean that responding to a claim can quickly become time consuming and expensive. 

Call SMB Workplace & Employment Law for advice early, so that you can focus on moving on in your new job rather than arguing with your former employer about your last one.

EXPERT ADVICE.
NATIONAL RECOGNITION.

Simon Bourne recognised by Doyles as a Leading National Employment Lawyer in 2023.
Leading Employment Law Firm (Employee & Union Representation) – South Australia, 2024.

Epworth Building
Suite 315, 33 Pirie Street
ADELAIDE SA 5000

ph: (08) 8410 9699
e: office@smbemploymentlaw.com.au