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Victorian Supreme Court of Appeal finds post-employment restraints unenforceable in repudiated employment contract

By | August 10th, 2017|Uncategorized|

  “A restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful conduct – whether it be wrongful dismissal or….[by acceptance of an employer’s] repudiatory conduct.”      In a recent Victorian Supreme Court of Appeal (“Court”) decision, an accountancy firm failed in its bid to enforce what would have [...]

Does it Pass the Sniff Test? Enforcing Post-Employment Restraints

By | July 13th, 2017|Uncategorized|

Businesses of today exist in a very competitive environment. Competition can be fierce, and the fight to retain one’s existing clients is crucial for business survival. It is, therefore, incumbent upon most businesses to take proactive steps to defend their turf. One step to reduce the risk of ex-employees from taking your clients is to [...]

Does your business have adequate employment contracts?

By | April 2nd, 2019|Uncategorized|

A key part of being in business is managing risk and protecting your business interests. When it comes to your employees, one of the key ways to do this is through well drafted employment contracts. All too often clients approach us where a former employee has brought a claim against the business. A common feature [...]

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Don’t Poach my Clients: Practical Tips

By | July 12th, 2017|Uncategorized|

Employers can take several practical steps to reduce the risk of ex-employees from poaching clients. Below are our top tips. Use Well-Drafted Restraints It probably goes without saying. However, a well-drafted post-employment restraint is one of the best steps employers can take to reduce the risk of ex-employees poaching clients. If your company’s post-employment restraints [...]