Lyris - Email Marketing Software
Current forum: sconz |
You are: not logged in
messages search conference my_account my_forums all_forums about help
Create New Message
Employment contract   2006-04-10 21:56:00 <Jason Tomlins>
Head hunted by previous employer more money less hours all good

Employment contract has a clause "restraint of trade" detail here

http://www.howtolaw.co.nz/html/ml126.asp

How this is worded I can not work in my trade for three months after leaving current postion am i leaving myself open for a future court battle or should i accept this as a modden contract for my postion.

Will expect to be in curret postion for 3 to 5 years
Reply

RE: Employment contract   2006-04-10 22:08:00 <Carl Foreman>
I would get it reduced to 1 month - if they want you that bad, they will
consider it. Depending on the type of business, its perfectly reasonable,
but if you are the one with the power, then you can get a bit of flexibility
in how the contract is written. Also, consider the area in which the
restraint of trade clause takes affect - if its only in 1 city, then thats
livable, but if it stipulates an entire region, then thats pretty
unreasonable ...


C U
Carl


>From: "Jason Tomlins" <jst4@xtra.co.nz>
>Reply-To: "Supra Club of NZ Mailing List" <sconz@list.supras.org.nz>
>To: "Supra Club of NZ Mailing List" <sconz@list.supras.org.nz>
>Subject: [sconz] Employment contract
>Date: Mon, 10 Apr 2006 09:49:36 -0000
>
>Head hunted by previous employer more money less hours all good
>
>Employment contract has a clause "restraint of trade" detail here
>
>http://www.howtolaw.co.nz/html/ml126.asp
>
>How this is worded I can not work in my trade for three months after
>leaving current postion am i leaving myself open for a future court battle
>or should i accept this as a modden contract for my postion.
>
>Will expect to be in curret postion for 3 to 5 years
>---
>Supra Club of New Zealand - http://www.supras.org.nz/
>Website sponsored by Alltech Diesel & Turbocharger http://www.turbo.co.nz


Reply

RE: Employment contract   2006-04-10 22:29:00 <Jason Tomlins>
As stands three months is way to long I will propose 1 month as ok

Thanks for your input Carl
Reply

RE: Employment contract   2006-04-17 10:54:00 <John Bouttell>
1 month R.O.T. would also tie in nicely from your side in terms of payout of annual leave (assuming you let it build up through your time of service) if you decide to move on in a coupla years. Means you get to have a paid holiday on your ex-employer as you fulfill your R.O.T. obligation.
Reply

Re: Employment contract   2006-04-22 21:35:00 <qzm>
As an employer I would have to say that 1 month can look like a joke...
depending on the industry.

If it is a situation where the employer will be opening up their internal
operating situation to you in a way that would be of value to their
competitors then they would be sensible to have enough 'buffer' time for
that knowledge to have lost value - this is the purpose of those clauses.

Of course, that does not apply to many situations, but does in some.

It is accepted in NZ law that 6 months is a maximum amount of non-compete
before it is considered restraint of trade, and also that you can only
restrain against working for a company that does or is likely to compete
directly within that timeframe.

Another question is does the time start from when notice is given (by either
party) of frm the final date of employment, this can make a big difference.

On 4/10/06, Jason Tomlins <jst4@xtra.co.nz> wrote:
>
> As stands three months is way to long I will propose 1 month as ok
>
> Thanks for your input Carl
> ---
> Supra Club of New Zealand - http://www.supras.org.nz/
> Website sponsored by Alltech Diesel & Turbocharger http://www.turbo.co.nz
>

(html version)
Reply























































Lyris - Email Marketing Software