When disputes arise between employers and employees, it can be an unpleasant and trying time for everyone involved. We appreciate that when the employment relationship turns sour, it can cause a great deal of stress and disruption. Resolving the dispute quickly and with discretion is generally in the best interest of both the employee and the employer. When an employment dispute arises, it’s best to contact a lawyer for legal advice as soon as possible. You may have rights under the employment contract or legislation that can be enforced to resolve things quickly and effectively.
Getting a lawyer involved in your employment dispute doesn’t necessarily mean that the matter will go to Court. Discussing your case with an experienced employment lawyer can help you to understand where you stand and what your rights are. Lawyers are often able to convince the other party to negotiate a settlement so that the matter is resolved relatively quickly. Where agreement can’t be reached and goes on to the Fair Work Commission (or other independent body) for determination, a skilled employment lawyer can work with you through the process to help you get the best outcome in all the circumstances.
Our employment lawyers have a proven track record of getting results for our clients, having provided advice and representation to employers and employees on a wide range of complex employment issues. We have the knowledge and experience you need to get the best possible outcome, and we can help you in all areas of employment law, including:
If you are dealing with a dispute at your workplace, please complete the enquiry form on this page for a fast response or, alternatively, call us on 1300 907 335.
Disputes between employers and employees can be disruptive to a business owner and management. Resolving the dispute quickly and with discretion is in the best interests of both the employee and the employer.
We have a proven track record of getting results for our clients, having provided advice and representation to employers on a wide range of complex employment issues. We have the knowledge and experience you need to get the best possible outcome, and we can help you in all areas of employment law, including:
An employment contract sometimes contain clauses to restrain what the employee is allowed to do at the end of (and during) their period of employment. This is known as a restraint of trade clause.
Restraint of trade clauses are usually intended to prevent an employee from taking trade secrets, stealing the customer contact database, poaching other employees and setting up a competing business when they eventually cease employment.
In many cases, restraint of trade clauses have been found by the court to be unenforceable on the grounds that such clauses are against public policy. That is certainly not always the case. Carefully considered and well-written restraint of trade clauses are increasingly being upheld by the Court. The more reasonable a restraint of trade clause is, the more likely the Court will be to uphold the clause.
A restraint clause is unlikely to be upheld if the court considers that the protection it provides to the employer is too broad or overreaching. Each situation is different, and a restraint of trade clause used effectively in one case, may not successfully translate to a different set of circumstances.
Employees who are asked to enter into an employment contract that contains a restraint of trade clause should be aware of the potential impacts this may have on them in the future. A well drafted restraint of trade clause will prevent them from starting your own business in the future or restrict your future employment options. On the other hand, if you are an employer and some of your employees are given access to confidential information that would, if passed on to a competitor, be detrimental to your business, a restraint of trade clause will in theory keep that information safe. However, far too many employees disregard their employment agreement obligations and try to “run the gauntlet” thinking that an employer either just won’t bother seeking to enforce the employer’s legal rights.
We take a very tough stance against employees who have breached their obligations. Discussing your case with an experienced employment lawyer can help you to understand where you stand and what your rights are. Lawyers are often able to convince the other party to negotiate a settlement so that the matter may resolved quickly. If not, we can take swift court action, including making an urgent application for an injunction to restrain the former employee from acting improperly.
We are here to help. Simply contact us on 1300 907 335 or complete the enquiry form on this page.
Level 8, 446 Collins Street
Melbourne VIC 3000
Level 1, 441 South Road
Moorabbin VIC 3189
Level 8, 1341 Dandenong Rd,
Chadstone VIC 3148
Ground Flr, 435 Nepean HWY
Frankston VIC 3199
Ground Flr, 84 Hotham St,
Preston VIC 3072