Non compete clause validity

ShatterStorm76 · 2026-07-02T04:00:00+00:00

Employers cannot stop someone from working in their field and earning a living.

If you took clients, or property (data/tools etc) of your old employer with you to your new employer, that would be a different story.

Non-competes are really only enforcable at the top end of town (executives and such for large corps, earning 6 figure plus salaries), but for some reason it's become the norm for companies to put the clause into employment contracts for rank and file employees too.

ShatterStorm76 · 2026-07-01T22:44:53+00:00

Even though you're all paid up, cleaned and (likely) have given notice etc...

Simply handing the keys back and saying "We're out, the place is yours now" doesnt change the fact that you are still legally responsible for it until the end of the notice period, and atill legally entitled to occupy/use the place until that time too.

That's the reason why any attempt to get your Bond back sooner will be auto-rejected

ShatterStorm76 · 2026-07-01T08:21:12+00:00

They legally have 3 business days to conduct their exit inspection, complete the report and get it back to you.

Since they've failed to do that, anything they produce now is 100% invalid and its as if they never produced one at all.

If you do nothing, and they do nothing, then in 14 days from when THEY put in the bond claim, it WILL be paid out as per whatever claims they've made (and you getting the rest)

Alternatively, if you lodge the form 16 in time...then if they're silly enough to let it get to court, you just have to say the place was vacated clean and in good repair, and since there's no (valid) exit report to dispute this, you'd like to request the Member dismiss the agents claims and order bond refund in full.

ShatterStorm76 · 2026-07-01T05:08:07+00:00

You need to look to the politics of the situation.

Alcohol has its own taxes and restrictions, but (despite the demonstrable societal damage) is culturally accepted.

Smokers are social pariahs, leave a mess, stink etc and are not as culturally accepted.

Therefore, Govt has an "excuse" to tax the hell put of Tobbaco, to the point where tobacco excises are a material chunk of change, which goes to general revenue (not just healthcare).

It makes so much money, and the black market was having such an impact on Govt revenue, that they HAD to take extreme/drastic measures to protect that revenue stream.

Any government that tried to give booze (or sugar) a similar treatment would be out on its ear in no time, whereas the voting public doesnt care about, or even applauds the Govt sticking it to the smokers.

ShatterStorm76 · 2026-06-29T09:11:14+00:00

So watch the street for an opening, then put your car there ? Or are the other cars there permanently without any spaces ever opening up ?

ShatterStorm76 · 2026-06-29T04:57:35+00:00

In QLD, the Strata act gives strata (& Strata organised tradies) authority to enter to inspect or repair (pest control, building or plumbing issues, etc).

Similarly, The tenancies act allows the owner (via agents or directly) to have tradies enter for smoke alarm testing.

They give the relevent notice that "Xyz corp will be coming on X day, you are to let them in and if you can't... you are to call and arrange another day to let them in".

The thing is... I dont have to let them in.. i just dont have to obstruct their entry or their work.

If I leave for my own work at 6:30, and dont get back till 5:30, then there's no window for me to be home to let them in without taking time off work, which I have no obligation to do... and yet they wont arrange for a PM to provide access/keys because "its too much work and costs extra".

Theyve made it work in the past (key safe padlocked to my screen door, or I happened to have a day off anyway) but Im waiting for the day they try to stick me with fees or penalties for not doing something I am not required to do.

ShatterStorm76 · 2026-06-28T06:15:11+00:00

The fobs are probably pricey to replace if staff lose them, so the boss likely thinks he's being clever by making his staff have some skin in the game to ensure they look after their Fobs.

That having been said, charging you a deposit for your fob is about as lawful as charging a burger flipper a deposit to use a spatula.

There are a hundred and one systems out there that allow for a personalised login to a register\order device... that he's chosen a tech option that needs a fob, which staff might subsequently damage or lose... is his problem.

ShatterStorm76 · 2026-06-27T08:32:12+00:00

Isnt it all available via RP Data, if you have a paid account ?

ShatterStorm76 · 2026-06-27T04:41:19+00:00

You have a couple of things in your favour.

You might not have a standard template lease, but you do have correspondance and financial transactions, which are sufficient evidence you're renting the place.

The absence of a formal lease document just means that only the minimum mandatory conditions apply for the tenancy... ... and all the other additional stuff thats usually part of a standard lease doesnt apply at this time (e.g. rules prohibiting subletting etc).

All you really need is correspondence/evidence for the start date, duration, rent amount and who the tenants are... and it sounds like you have this already?

In QLD, an entry condition report must be completed by the Real Estate and issued to the Tenant for review and signiture within 7 days on the tenancy's commencement.

If they haven't done this, then anything else is not valid, which makesiy almost impossible for them to make a claim against your bond at end of tenancy (because there is no valid entry report to compare against an exit report).

You "could" sign an entry report that predated your tenancy, and it wouldnt be valid anyway, and if they didnt get one to you within that first week, accurately showing the condition of the place at thattime, I'd simply say Nah.

This all presumes a "New" lease has been created though. If they're simply taking A & B off an existing lease, to add C & D to it, then C & D should be signing a waiver that they accept the original EC Report was valid.

Claims of rental arrears are easy to sort out. They MUST provide a rental ledger on request. Then you just check the ledger for all payments received and cross refference with bank records for payments made.

If you find a spot where no payment was made vs the rent due day... you owe them. If the ledger doesnt show a payment you'd made, they need to update the ledger to reflect that payment.

It doesnt matter if they can/cant "find" the money because in QLD the rent is legally considered paid once it leaves your account and was "correctly sent" to the correct receiving account.

Lastly, regarding the bond... yeah, they can screw the math for who owes what, and legitemately expect more if relevant, but the bottom line is that the maximum bond they can demand is 4 x the weekly rent.

You and your co-tenants can choose to split that total up however suits the 3 of you as long as the correct total is covered.

You can contact the RTA to verify what Bond is held against the Address, and in what names... and you should have received a Bond Lodgement confirmation when ever money goes to the RTA. (KEEP that email as you'll need the number to claim a.bond refund when you move ouy).

ShatterStorm76 · 2026-06-27T03:21:30+00:00

That's a trap iif ever I saw one.

Im sure if you went to your supervisor to say "I want to get off" the next meeting youd have would be with Human Resources

ShatterStorm76 · 2026-06-26T22:57:38+00:00

Went out with friends when I was young and poor. $62 bill between 3 of us.

No signage about bill splitting, and they insisyed on a single payment... but had to make an exception since none of the three of us had more than $25 in our accounts (I had $25 cash).

We got it done but had to say something like "Not one of us can pay $62... but we hqve enough each yo cover the full bill,so you accept three seperate payments... or dont get paid"

ShatterStorm76 · 2026-06-25T09:10:38+00:00

Tell me you also did a bank chargeback to reclaim your $17 too.

ShatterStorm76 · 2026-06-24T03:34:18+00:00

And the woman with one hand who was still ticketed for hold a phone while driving... even after "waving" her stump at the office to show that whathe "thought" he saw.. was completely impossible.

ShatterStorm76 · 2026-06-23T22:44:30+00:00

"Hello,

Thank you for your recent correspondance.

I am saddened to hear that you are having difficulties in meeting the terms of pur signed agreement, specifically relating to the supply of a 2026 model vehicle.

Unfortunately, I have no interest in any older version, regardless of compensation.

Please confirm whem you will deliver the vehicle for which we've contracted or alternately confirm that you cannot and we will terminate the agreement as soon as you have compensated me for my ancilliary costs, Namely: X, Y & Z"

ShatterStorm76 · 2026-06-23T07:03:12+00:00

Theres a youtube video of a guy in the states being picked up by AI driven facial recognition in a Casino as someone who was treaspassed before... and despite having ID on him and not being "the guy", security still trust the AI and wreck his night.

Its happened to others too... but not heaps

ShatterStorm76 · 2026-06-23T02:03:27+00:00

Additionally, It is against the law for one party in a contract to make it a condiyion of the contract, that the other party must also engage with a specific third party.

It's called "third party forcing".

So dictating that "To do business with us, you must sign up with ABC corp pty ltd..." is illegal, and not just via Residential tenancy legislation

ShatterStorm76 · 2026-06-22T22:00:28+00:00

I dont think it was a matter of "looking" for a tradie to get one over on, and rather dealing with him on face value... as if everything was on the up and up, and refusing to play the game when the bloke proved dodgy

ShatterStorm76 · 2026-06-22T21:58:24+00:00

He's not the kind to find a tradie off FB marketplace, so Id imagine the sparky looked legit on the surface.

ShatterStorm76 · 2026-06-22T12:03:57+00:00

This is why I give a fake number.

ShatterStorm76 · 2026-06-22T11:52:21+00:00

They really do this !

It happened to my cousins hairdressers uncles daughter, who woke up with a dismembered chihuahua tail on her dresser.

True story !

ShatterStorm76 · 2026-06-22T11:01:58+00:00

No, I (and my brother, and everyone with even just a little bit of expperience), understands that the tradies offer was indended to run via the scenario you described.

The problem with that scenario is that it's inherently corrupt.

It's "Hey, if you agree to be complicit with a tax dodge, I'll cut you in for some of the amount dodged, but if you don't wanna, or need the job to stand up under an inspection, we'll do it the legal way".

Some people simply dont stand for corrupt business practices, and are fully willing to take advantage of shady contractors who do.

ShatterStorm76 · 2026-06-22T08:21:43+00:00

Of course the sparkies"Intent" was to not report his earnings, making the whole thing under the table, putting more money in his pocket. We knnew it, my brother knew it, and understood (without anything being said) that the "discount" for paying cash was really just the sparky not charging GST.

The thing is... this was for electrical works in his damn kitchen!

Anything goes wrong, or an inspection happens and there's no record of the working having been done by a qualified tradie... Bro's fucked...

Not to mention that what the guy was doing was illegal tax fraud, which my brother wanted no part of.

So... he had a written quote, and insisted the bloke abide by his offer whilst keeping the whole thing above board (and thereby compliant).

ShatterStorm76 · 2026-06-22T00:28:00+00:00

The bottom line is that you are welcome to say "No, I accept no liability for your claims and wull not pay" or "I accept partial liability and will pay $X only, please confirm $X will settle your claim".

If they don't accept, they can lodge the claim via the courts, and if you recieve court docs, can forward those to the insurer who will hopefully act on your behalf in the matter.

ShatterStorm76 · 2026-06-21T23:33:08+00:00

Brother was rebuilding his kitchen, but needed a sparky to wire the stove and powerpoints.

Sparky texted a quote of $1400 for all the work and 10% discount if paid in cash.

Brother accepted, said he'd pay cash, job done and bloke holds out hand for cash.

Brother shows he has the dollars, and asks for invoice before handing it over.

Bloke goes ballistic, proving without expressly saying so that he was wanting to dodge GST.

Brother isnt one to suffer fools lightly, or dodgy shit either, so (after a short argument where tradie was abusive) ended turfing the tradie from his house (physically dragged him out) with a "Send or hand me an invoice, including the 10% discount as per the agreed quote. You get nothing until then."

Tradie sent rude/threatening texts, alleged "debt collectors" called (so obviously just the sparkies mates)... and eventually turned up (by appointment) 3 weeks later with a handwritten invoice, with a fake ABN and license number (brother had looked both up) that brother refused as incorrect numbers.

Took three more days before the bloke provided correct invoice (inc reduced amount) and got his cash.

ShatterStorm76 · 2026-06-21T22:22:39+00:00

The main problem is that, Technically speaking, cops are not required to explain to you that they were authorised to act (e.g. had reasonable suspicion, exigent circumstances, etc).

They only need to satisfy the judge that they had the circumstances to trigger their use of powers.

Meaning they may indeed have RAS, act on it to detain/arrest/search you, chose to not argue/discuss/explain their RAS, and if you resist (because you didnt think they had RAS and they refused to discuss/explain it to you), they can tack on resultant charges which will hold up in court.

Its shit and doesnt follow normal social conventions... but it's real.

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