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Vol 21 No 10 Oct/Nov 2016

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Post-Employment Restraint of Trade: The Competing Interests of an Ex-employee, an Ex-employer and the Public Good


ISBN13: 9781862879621
Published: April 2014
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £40.00



Despatched in 4 to 6 days.

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.

Subjects:
Other Jurisdictions , Australia
Contents:
1. Six Hundred Years of the English Common Law Tradition
2. Questions Before Drafting a Post Employment Restraint
3. Drafting a Restraint of Trade Clause -- Key Principles
4. Non Solicitation of Employees: What Do Employees Really Think
5. Other Post Employment Restrictions on an Ex Employee
6. Post Employment Conduct and Intellectual Property Rights
7. Post Employment Restrictive Covenants in Sale of Business Agreements
8. Clients, Ethics, Writs and International Perspectives
9. Post Employment Competition: History, Politics, Economics and Reform
Appendix 1: Chronology Cases
Appendix 2: Articles