Post-Employment Restraint of Trade: The competing interests of an ex-employee, an ex-employer and the public good, 1st Edition (Paperback) book cover

Post-Employment Restraint of Trade

The competing interests of an ex-employee, an ex-employer and the public good, 1st Edition

By Rob Jackson

Federation Press

224 pages

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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.

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.

Table of 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

About the Author

Rob Jackson LL.B (Hons), Masters of Intellectual Property Law is a solicitor in private practice, with over 25 years professional experience acting for employers and employees in all matters affecting the employment relationship.

Rob was admitted in England in 1992, then Victoria in 1997.

Rob was a member of the inaugural Law Institute of Victoria committee that established workplace relations law as an area of specialist accreditation in Victoria. He is an accredited specialist in both workplace relations and commercial litigation. Rob is also a registered migration agent.

Subject Categories

BISAC Subject Codes/Headings:
LAW / General
SOCIAL SCIENCE / Criminology