A key element in the success of your business is the effectiveness and satisfaction of your employees. Workplace relationships affect everyone and in today’s challenging environment this can be a complex area of dispute when work contributes so significantly to an individual’s identity.
We’re an employer too, and we understand the complexities employers face every day. We are also employment law experts on federal and state-specific workplace legislation, administrative rulings, and workers’ and employers’ legal entitlements and responsibilities.
We become your trusted partner and through our comprehensive services, covering everything from navigating unfair dismissal claims to meticulously reviewing contracts, we ensure you’re prepared for any situation that may arise. With our expert support, you can focus on what matters most — managing and growing your business with confidence.
Termination and Separation Support
When beginning an employment relationship, we recommend employers issue employees with a detailed employment contract clearly setting out the expectations for both parties from the very beginning. Despite all good intentions, employment relationships can fail and often involve complex issues and emotions.
Therefore, it’s important an employer is able to manage the situation professionally to avoid conflict and dispute. See our page on terminations here.
We can assist employers throughout the entire termination/separation process, including:
- 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.
Every employment relationship is different, and not every issue will have the same solution. At Danny King Legal, we provide tailored advice that not only reduces risk and liability, but protects your organisation’s reputation and helps build a positive workplace culture.
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?
We know that employment disputes can add unnecessary stress and disrupt your team’s performance, especially during challenging business periods. But you don’t have to face these challenges alone.
As specialists in employment matters, we’re here to guide you through conflicts and help you focus on the more important aspects of your business.
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.