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The law surrounding post-employment restraint of trade has increasing importance in workplace relations law and practice.
The historical assumption that employers have a stronger commercial position and employees are vulnerable has been exploded in the 21st century by a highly educated and skilled workforce both geographically and occupationally mobile.
Concisely and with great clarity this book covers the history of common law tradition, questions arising before drafting a post-employment restraint; drafting a restraint of trade clause; non-solicitation of employees; other post-employment restrictions on an ex-employee; post-employment conduct and intellectual property rights; post-employment restrictive covenants in sale of business agreements; clients, ethics, writs and international perspectives; reform of post-employment competition.
The book identifies how the Australian judiciary charts its way through the twisting path to post-employment justice as well as surveying in brief that relevant practice in overseas jurisdictions.