Why does my contract have a restraint of trade clause?

Why does my contract have a restraint of trade clause?

The restraint of trade clause came about because many employers are worried that their employees will leave their business to work for a competitor, or start up a rival business and take their employees, clients and suppliers with them. A restraint clause is only...
Three Golden Rules For Restraints Of Trade

Three Golden Rules For Restraints Of Trade

How can employers make restraints of trade enforceable? The court’s decision in the 2016 case set out below suggests that there are three golden rules to follow. In Just Group Ltd v Peck [2016] VSC 614, McDonald J held that a restraint of trade clause in a senior...
Restraint of trade clauses: Advice for employers and executives

Restraint of trade clauses: Advice for employers and executives

In DP World Sydney Ltd v Guy [2016] NSWSC 1072, White J clarified a number of the principles that are used to determine whether a restraint of trade clause is enforceable. In so doing, he highlighted some important lessons for employers and executive employees. Facts...