Employer Support
Termination and Separation Support
- Reviewing existing contracts and providing advice, or preparing and providing employers with contract templates.
- Educating employers on the process, the legal obligations and providing employers with tools that assist with maintaining employee wellness to minimise risk and avoid disputes.
- Helping employers make the right decisions, not only in their best interests, but those that are fair and respectful to the employee.
Restraint of Trade
Having restraint of trade clauses in an employment contract enables an employer to protect its legitimate business interest such as its proprietary information, i.e. confidential information,trade connections and ‘secrets’, poaching of staff, customers and clients, as well as the goodwill of the business.
Restraint of trade clauses are included in employment contracts so that an employer can secure their rights before the relationship commences. These clauses come in numerous forms, but two common ones are:
- Non-solicitation clause: Where the employee is restricted for a period of time to solicit or induce the employers customers, clientele, employees and suppliers.
- Non-compete clause: Where the employee is restrained from working with a competitor for a set period.
More information on the different clauses can be found in our section on restraints here.
Restraint of trade clauses must be carefully thought out and crafted so that they are reasonable and don’t go further than is reasonably necessary to protect the employer’s genuine business interests. Consideration must be given to the type of the role the employee holds, their seniority within the business and access to sensitive information. Enforcement of restraint of trade clauses can be at times difficult and expensive, so seeking specialist legal advice is critical in protecting your business in such situations.
At Danny King Legal, we are experts in the area of restraints of trade, including drafting tailored clauses for employee contracts, obtaining injunctions when necessary for post-employment breaches, and seeking damages and compensation where necessary.
Why choose DKL?
Call us on +61 (2) 9233 5669, email hello@dannykinglegal.com or submit a webform to speak to one of our onboarding team about how we can help you.