[Question] Validity of Restraint of Trade

[SandyLee]

Hi there,

Just have a quick question regarding a Restraint of Trade clause that I'm hoping someone can shed some light on for me.

A few months back (March) I was offered a position in a company, being desperate for a job I signed an employment contract containing a restraint of trade clause stating I couldn't work for another company in the same industry for a period of 1 year following my termination of employment.

I started the job on the Monday, signed the contract on Wednesday, then on Friday I found out I was being offered another position which suited me a lot better (distance from home, working hours etc). The following Monday I spoke to my manager and explained the situation and tendered my resignation. I asked what notice period they would like me to work as I had only been there one working week (Mon - Fri) and I was told I could leave the same day. I was also never paid for the week that I had worked, which is fine, I wasn't expecting to be.

Now I'm wondering if the Restraint of Trade clause in that contract is still binding/effective. Can anyone advise me on this?

[AmithS]

I am not a lawyer - my opinion, restraint of trades are in place to avoid potential damage to an employer with regards to mostly trade secrets and confidential knowledge that could be used in the market place by competitors...

So unless you obtained such knowledge that could harm them I would not worry about it...