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.
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.
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.
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.
HR Daily Premium 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;
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.
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.
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.
Organisations in the process of updating employment contracts need to be aware of six potential traps that could land them in legal trouble, say Kemp Strang employment lawyers.
Employers compelled to make employees redundant because of the economic downturn are still entitled to enforce restraint clauses, says Minter Ellison Lawyers partner, Gareth Jolly.
"Gardening leave" clauses in employment contracts can be an effective means to keep company secrets out of competitors' hands and prevent departing employees from disrupting the workplace, providing they are not enforced for an "unreasonable" length of time, according to a senior employment lawyer.
The challenges employers face in managing underperformance continue to intensify, in light of flexible work arrangements, psychosocial obligations, and more. Minimise your legal risks and maximise your outcomes by attending this HR Daily Premium webinar.
