3 ms·
2 year no-compete clauses are common at Australian software companies. If they're enforceable or not I do not know, but they are in place.
by russelg 6y ago
2 year no-compete clauses are common at Australian software companies. If they're enforceable or not I do not know, but they are in place.
- angry_octet 6y agoThey are frequently enforceable for some period of time, TBD via expensive court action, via the blue pencil rule, a la: "The employee non-compete clause shall hold for the greater of: 1- 6 months 2- 12 months 3- 18 months 4- 10 years 5- Until son of the son shall climb Mt Doom and steal the emerald eye from the statue of Xxyctl." A court then crosses out the single lines that it finds offensive. What is known to be unenforceable is restrictions on use of general professional skills. The particular IP of the non-compete must be identifiable and recorded (on an ongoing basis as part of a process), rather than vague knowledge of business secrets.