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Restraints of Trade – Individuals
Starting a new job or a new business can be exciting. But you should always keep an eye on any post-employment obligations you may have with your former employer.
At Harmers Workplace Lawyers, we understand that, over the course of your career, you will start and leave employment with a variety of employers. But whether you are starting a new position or leaving your old role, it is important that you review and consider any post-employment obligations, often referred to as restraint of trade clauses, contained in your contract of employment.
As one of Australia’s most recognised and experienced employment law firms, we take pride in advising and representing clients who have recently accepted a new role with a competitor or have started their own competing business with their old firm.
We believe in taking a preventative and proactive approach to restraint disputes wherever possible. In most cases, informal resolution of such disputes achieves the best outcome for our clients, because this resolves matters expeditiously, amicably and discreetly in a cost effective manner. We pride ourselves on having strong negotiation skills, and we also have experience negotiating with most law firms on the other side and many in house lawyers from companies around Australia.
Whilst the vast majority of our matters settle early and discreetly through these negotiations, our solicitors are experienced litigators, prepared to maintain and defend our clients’ rights in interim hearings and final hearings. We will pursue those rights vigorously and to the full extent of the law where those post-employment obligations are unreasonable and unenforceable.
Whether our clients face allegations of poaching clients from their former employer, inducing co-workers to resign from their employment, misusing confidential information, or establishing a competing business, our solicitors will listen to what our clients want to achieve.
Because such matters are often dealt with on an urgent basis and on short notice, it is best to speak with us as soon as possible to discuss your options. For example, an employer can seek a court order restraining you from engaging in certain activities with a new employer or within a new business, prior to a full hearing on the merits of the case. Such an order can remain in place for brief, but critical, periods of time.
If you do have a workplace issue or concern, please call one of our solicitors for a discussion of the utmost confidentiality and sensitivity on phone (+61 2) 9267 4322.
“Using Harmers has been the best experience I have had when it comes to employment law support, and over time has enabled us to achieve stability in our workforce.”
Kylie Taylor, Head of HR & WHSE, Coal Services“I have found the advice and service of Michael Harmer and the team at Harmers Workplace Lawyers to be brilliant, timely and added significant value to the process.”
John Brogden, CEO, Landcom
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If you would like to know what your rights are, please call +61 2 9267 4322 or fill out the form below to connect with one of our employment lawyers today.