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.
Post-Employment Restraint of Trade: the competing interests of an ex-employee, an ex-employer and the public good 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.
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