WA does this violate non-solicitation

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falconmick

Member
2 July 2018
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Hey guys!

I had a current client for the company I work at approach me and tell me that If I ever wanted to leave that he would love to hire me full time, I am not all that interested in doing so as I don't particularly like the work, however It did raise a question.. Could I if I wanted to?

I remembered that somewhere in my contact was a clause on not stealing clients, however I am not sure if a client poaching me would be under this clause, or if the duration of the clause was even legal. Here's the part in question:

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The Employee must not for a period of 8 months from termination of his

employment solicit, approach or induce any customer of the Employer or supplier to

the Employer to become a customer of or supplier.
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Would a client approaching me count towards this? It just feels like moving on this would be a really valuable thing to understand.

Cheers
 

Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Not with that clause. There may be another clause saying you can't work for a client, or a term saying saying you need to pay back training costs.

The client may also have an agreement with your employer not to poach staff.