FAQ
My employment agreement has a “No competition” clause which states that within 12 months after my employment ends, I must not practice within an area less than 10km of the training practice. Are these types of clauses legally enforceable?

The NTCER outlines your minimum employment terms and conditions

Read the full NTCER

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ANSWER

Legitimate protectable interests include a business’s goodwill, trade secrets, confidential information, client and customer connections and maintaining a stable workforce.

Registrars should seek independent advice as the enforceability of such clauses will depend on the circumstances of the registrar’s engagement.  It is important that registrars are aware of clause 17 of the NTCER which provides that:

17 Non-Solicitation

On leaving the training practice, the registrar will not canvass, solicit, persuade, or directly or indirectly induce:

  1. a) any patient to cease being a patient of the training practice; or
  2. b) any staff member to terminate employment with or engagement by the training practice, nor employ any person who has been an employee of, or consultant to, the training practice during the 12 months prior to the conclusion of the registrar’s employment.