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Post-Employment Restraint of Trade: The competing interests of an ex-employee, an ex-employer and the public good
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Post-Employment Restraint of Trade: The competing interests of an ex-employee, an ex-employer and the public good

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Overview
Published 28 April 2014 (Federation Press)
ISBN: 9781862879621. Soft Cover, 208 pages.
Description

By Rob Jackson

The law surrounding post-employment restraint of trade has increasing importance in workplace relations law and practice. The historical assumption that employers have a stronger commercial position and employees are vulnerable has been exploded in the 21st century by a highly educated and skilled workforce both geographically and occupationally mobile.

Concisely and with great clarity this book covers the history of common law tradition, questions arising before drafting a post-employment restraint; drafting a restraint of trade clause; non-solicitation of employees; other post-employment restrictions on an ex-employee; post-employment conduct and intellectual property rights; post-employment restrictive covenants in sale of business agreements; clients, ethics, writs and international perspectives; reform of post-employment competition.

The book identifies how the Australian judiciary charts its way through the twisting path to post-employment justice as well as surveying in brief that relevant practice in overseas jurisdictions.


CONTENTS

1. Six Hundred Years of the English Common Law Tradition 
2. Questions Before Drafting a Post-Employment Restraint 
3. Drafting a Restraint of Trade Clause – Key Principles 
4. Non Solicitation of Employees: What Do Employees Really Think 
5. Other Post-Employment Restrictions on an Ex Employee 
6. Post-Employment Conduct and Intellectual Property Rights 
7. Post-Employment Restrictive Covenants in Sale of Business Agreements 
8. Clients, Ethics, Writs and International Perspectives 
9. Post-Employment Competition: History, Politics, Economics and Reform

Appendix 1: Chronology Cases
Appendix 2: Articles

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