Dating law Taree Australia
The employee, a solicitor, ceased employment with his employer, a law firm in Taree in November When he sought employment with another law firm in Taree, his former employer claimed he was prohibited from doing so because of restraint clauses in his contract of employment, which imposed 3 distinct restraints, each operative for a 12 month period. Restraint 2 — from soliciting clients of his employer who were its clients either at the time of termination or in the year preceding the termination; and. Restraint 3 — from engaging in competitive activity, which was defined as working as a lawyer within 10 kilometres of the Taree or Wingham Post Office.
As such, the employer had a legitimate interest that was capable of being the subject of a restraint. However, the Judge held that the critical concern was not how long it would take the employer to train up a replacement, but how long it would take to sever the connection between the employee and the clients for whom he had performed work.
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On that basis, the Judge held that 12 months was a justifiable restraint period but that the restraint should only apply to clients for whom the employee had performed legal services rather than clients of the employer generally. The Judge was influenced by the fact that 12 months was a time period agreed to in the contract and determined that some weight should be given to contractual choice where it was not unreasonable on its face.
With regard to the third restraint, the Judge observed that it prevented the employee from performing legal work for anyone within that designated area regardless of whether they had ever been clients of the employer. The Judge held that the third restraint might be appropriate if the first and second restraints were difficult to enforce.
In the present situation that was not the case. As a result, the Judge would not make an order in respect of the third restraint. The case demonstrates that it is not reasonable to prevent a former employee from performing work for clients who are not clients or former clients of the employer. Related Articles.
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Registered sex offenders are not allowed to work in any child-related employment.
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Deciding to have sex with someone is a big step. Remember that the decision is up to you. The other person must respect your choice. If they try to have sex with you without your agreement, they are committing a crime.
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If you are thinking about having sex, please be aware of the risks that are involved with unsafe or unprotected sex. These risks include:. For information about how you can protect yourself against the risks of unsafe sex, you contact Family Planning Victoria on 03 or visit their website. You can check out these helpful resources for more information on sex:. If you have a legal question, and you are aged 24 or under, you can contact us here. If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem.
Just click on the button below. The law is different in each state and territory. Please select your state or territory to view legal information that applies to you. What you need to know — summary It is never okay for a person to have sex with another person who is under 12 years old. What does consent mean? A person does not give their consent include if they: feel threatened, forced or afraid; are restrained against their wishes; are asleep or unconscious; are affected by alcohol or another drug to the point that they cannot consent; are mistaken about the nature of the act or the identity of the person they having sex with; or never do or say anything to indicate consent.
What do we mean by sex? When can I have sex in Victoria? If you are years old If you are aged years old, you can legally have sex with someone that is less than 2 years older than you OR if the person you had sex with believed you were aged 16 or older. If you are under 16 years old Generally you cannot have sex with another person who is under 16 years old unless you meet one of the exceptions listed above.
If you are aged 16 to 17 years old When you are 16 years or older, you can have sex with another person aged 16 or older if you both freely consent to it. Important Information for all ages No matter how old you are, it is never ok to have sex with someone without their consent. What happens if someone breaks these laws? Talking about safe sex Deciding to have sex with someone is a big step. These risks include: getting a sexually transmissible infection STI like chlamydia; getting a blood borne virus like HIV; or unplanned pregnancy.
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