Post-employment restraint clauses regularly feature within employment contracts but are often overlooked or assumed to be unenforceable. They seek to prevent an employee from engaging in certain activities after their employment ends to protect the employer’s business interests.
There are various types of restraint clauses:
Enforcement of Post-Employment Restraints
Post-employment restraints will generally be considered enforceable where the scope of the restraint goes no further than is reasonably necessary to protect the employer’s legitimate business interests.
When determining whether a restraint is “reasonably necessary”, several factors are considered, including the nature of the business and industry, the employee’s seniority, access to clients, other staff members and commercially sensitive information.
Why choose DKL?
At DKL, we have extensive experience advising both employers and employees on post-employment restraint issues, taking into account the legal and personal issues that matter.
Post-employment restraint clauses can be a complex area of law, and we provide clients with practical and time-sensitive advice specific to each situation.
Our highly experienced employment lawyers will work alongside you to achieve a successful outcome with your contract. Call us on +61 (2) 9233 5669, email firstname.lastname@example.org or submit a webform to speak to one of our onboarding team about how we can help you.