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Thread: Penalty clause for termination or resignation during a probation period

  1. #21
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by HR Solutions View Post
    Im a bit confused .... so are you saying that the Department of Labour might be operating illegally by giving this advise ?
    From posts in this thread, I gather that was for an instance you put to them.

    I'm reminded of the legality of restraint of trade clauses - if it's reasonable and meets the criteria set by precedent, they're enforceable. If they're not reasonable, they're not enforceable. The devil is going to be in the detail and I doubt "one size fits all" for this sort of thing.

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    I agree restraints of trade are not worth the paper it's written on. As for the argument at hand I still stick to the law told to me by the department ..... In writing.

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