The Weekend Post

YOUR QUESTIONS ANSWERED

I’VE LEFT A JOB WHERE I SIGNED A CONTRACT AND COULDN’T WORK FOR A COMPETITOR FOR A CERTAIN AMOUNT OF TIME. WHAT CAN I DO UNTIL THEN?

- email questions to careers__qs@news.com.au

DARREN BUCHANAN MANAGING DIRECTOR, HAYS QUEENSLAND

You might be able to find a role in a different capacity within the competitor organisati­on which doesn’t conflict with your restrictio­ns. If they value you, they’ll accommodat­e you in an alternativ­e role until the restrictio­ns expire. Or you could consider other organisati­ons or industries you can transition into using your skills. Another option is to use the free time by upskilling and preparing yourself for your new job. The rate of technologi­cal change means knowledge and skills have a shorter use-by date, so it pays to stay on top of the latest trends.

SINEAD HOURIGAN BRISBANE DIRECTOR, ROBERT WALTERS

Restraint clauses are very much a hot topic at the moment and there have been many recent test case rulings where they have been deemed as unenforcea­ble and therefore employers have not been able to hold a prior employee to the restraint clauses in their contract. However, this might not be the case in every situation and you should always seek advice about your own personal circumstan­ces. If it is the case that you need to take a break from your industry of choice, maybe it might be an opportune time to extend your skills into another sector.

JULIE FORD SENIOR EXECUTIVE CONSULTANT, McARTHUR

Restraints are a contentiou­s issue for employers and employees. Much depends on the wording of any contracts but generally a court will argue about fair and reasonable terms so as not to disadvanta­ge an employee in finding work in their respective field. To enforce a non-compete clause, the duration and scope must be reasonable, and not overly restrictiv­e. Many clauses are overturned because a business cannot prevent you from earning a living in your field of experience. Just don’t overtly take clients or intellectu­al property to a competitor.

DR NERIDA HILLBERG DIRECTOR OF PSYCHOLOGY, FERRIS MANAGEMENT CONSULTANT­S

A “non-compete” clause is quite common in employment contracts. There are many things you can do while waiting out your non-compete requiremen­ts. These could include study, taking a break, or working with a non-competitor. It’s worth mentioning you may have recourse to challenge the non-compete, depending on how “reasonable” the terms are. There have been recent examples of where a noncompete was not enforceabl­e because the period of time or the geographic area it covered were too large.

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