restraint clauses

Tuesday, 07 May 2013 7:23am

A major provider of HR services has been hit with a rare costs order, after hiring a competitor's employee in contravention of his contractual restraints.

Friday, 23 November 2012 3:22pm

Do you know which steps to take to protect your organisation's interests after an executive separation?

In this presentation, Harmers COO Emma Pritchard explains:

• Risks employers face when dismissing senior employees;
• What to review in contracts before a separation of employment;
• Features of effective restraint clauses, and how to enforce them;
• Gardening leave - when and how it can operate;
• Deeds of release - important features to protect the employer; and
• Lessons learned from executive terminations case law.

Thursday, 23 August 2012 7:28am

A full bench of the Federal Court has upheld a two-year restraint as "reasonable", saying the non-solicitation provisions in an executive's contract did not offer enough protection for his former employer.

Monday, 09 July 2012 7:20am

An "unusual" court ruling shows that including a liquidated damages clause in contracts might assist employers in having their restraints of trade upheld, an employment lawyer says.

Friday, 06 July 2012 11:53am

In this presentation Mills Oakley Lawyers senior associate, Erin Rice, outlines four recent cases on restraint of trade, and their implications for drafting enforceable restraints.

She explains:

• the meaning of 'restraint of trade';
• broad principles of enforcement;
• recent decisions; and
• drafting tips.

Monday, 07 May 2012 7:25am

One of the many things employers should do before moving to dismiss someone is check the restraint and confidentiality clauses in their employment contract, says employment lawyer Brad Swebeck.

Monday, 07 May 2012 7:11am

Employers that don't tick all the right boxes prior to dismissing someone are more likely to face an unfair dismissal, adverse action or other claim, says Hicksons partner Brad Swebeck.

In this HRD Plus presentation, he covers the factors to consider in relation to:

• the nature of your business;
• the circumstances of the proposed dismissal;
• policies, procedures and contractual issues;
• disciplinary, misconduct and performance-related dismissals;
• dismissal of injured workers;
• redundancies;
• remedies; and
• jurisdictional frameworks.

Wednesday, 07 March 2012 8:27am

A judge has found that it was reasonable for an organisation to restrain a former employee from doing any HR consulting work in Australia for two years, due to the potential threat he posed to its business.

Monday, 16 May 2011 8:22am

Australian courts - in a move away from UK law - are becoming more willing to enforce "contentious" restraints that aim to prevent exiting employees poaching their co-workers, says Professor of Labour Law, Dr Joellen Riley.

Tuesday, 09 November 2010 8:16am

Cascading restraint-of-trade clauses have traditionally been difficult to enforce, but a recent judgment clarifies the circumstances in which employers can rely on them to protect their interests, says Lander & Rogers lawyers Mark Sullivan and Aaron Goonrey.