Article by Jon Greenaway
With more options now for protecting client relationships,
the staff they have trained and the intellectual property they have
developed, what practical measures can businesses take to prevent
current and past employees undermining them?
Recent developments in Australian common law have led to a
position where a restraint in a workplace contract may be
enforceable where it is reasonable and necessary to protect the
goodwill of the business.
The prima facie position under law is that employee
restraints are not enforceable, but there is now more room to move
according to workplace relations experts.
There is, therefore, value in strengthening measures employers
have in place to protect their intellectual property and customer
relationships and to prevent the poaching by other employers of key
staff.
