Restraints of Trade
Restraints of Trade

Author: Christopher Jon Arup

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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This article assesses the impact of legal practice upon the enforceability of employment restraints of trade. Post-employment restraints range from those prohibiting use of confidential information acquired through employment (non-disclosure clauses), or the solicitation of previous customers (non-solicitation clauses), to wider clauses imposing an obligation on the employee not to compete with the employer for a defined period after the termination of the employment (non-compete clauses). The empirical research reported in this article demonstrates that there is much uncertainty in the operation of the law around the use of restraint of trade clauses in employment contracts. While most usefully nuanced, the evidence suggests that to a significant extent, this uncertainty weighs more heavily on the side of any dispute that is least able to bear it - the employee. In light of our findings, we have introduced a limited number of reform options (ranging from the radical to the limited, and from the substantive to the procedural) that would assist in reducing the over-enforcement, or over-observance, of restraint clauses.

Post-Employment Covenants in Employment Relationships
Post-Employment Covenants in Employment Relationships

Author:

Publisher: Kluwer Law International B.V.

Published: 2014-04-15

Total Pages: 408

ISBN-13: 9041152563

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This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee. The survey’s introductory chapter provides a general review of issues in the context of multiple jurisdictions, followed by countryby-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg, Mexico, The Netherlands, New Zealand, the Slovak Republic, Switzerland, and the United Kingdom.

Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information
Restrictive Covenants in Employment Contracts and Other Mechanisms for Protection of Corporate Confidential Information

Author: Pascal Lagesse

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 270

ISBN-13: 9041125469

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The idea for this book came about following the International Bar Association's annual conference that was held in Prague in September of 2005. One of the sessions at this conference co-chaired by Pascale Lagesse and Mariann Norrbom was entitled 'Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information.' International panelists consisted of members of the legal profession, corporate representatives and a court justice. Discussions focused on key issues and the concerns companies have when seeking to protect their confidential information, and insight was given into what employers can do in order to ensure that their employees do not take valuable company information with them upon leaving the company. Using a case study as a basis, particular emphasis was placed on non-solicitation and non-compete covenants, and the extent to which an employer can rely on such covenants when protecting his interests.The specific situation of a key employee who left her employer to join a competitor was addressed, and the types of action the employer could take in order to avoid the solicitation of his clients and staff and prevent his employees from competing against him were discussed. This book picks up where the session left off, and consists of no less than 13 contributions from individuals from 5 continents. Each country representative has been asked to respond to a series of pertinent questions on the subjects of restrictive covenants and protection of confidential information, in order to give a comparative overview of how these issues are treated in different jurisdictions. This comprehensive publication will be a valuable resource tool for legal practitioners, employers, HR professionals and anyone interested in the field of employment law.

Post-employment Restraint of Trade
Post-employment Restraint of Trade

Author: Rob Jackson (Lawyer)

Publisher:

Published: 2014

Total Pages: 189

ISBN-13: 9781862879621

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The law around post-employment restraint of trade has growing importance in workplace relations law and practice.The book identifies how the Australian judiciary charts its way through the twisting path to post-employment justice. Rob Jackson LL.B (Hons), Masters of Intellectual Property Law is a solicitor in private practice.

(Potential) Regulatory Function of Contractual Clauses
(Potential) Regulatory Function of Contractual Clauses

Author: Chris Dent

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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The notion of “decentred regulation” from the field of regulatory theory is adopted in order to explore the idea that individual contractual clauses have the capacity to regulate the behaviour of both employers and employees. The focus here is on restraint of trade and confidentiality clauses. These make ideal exemplars because (a) one operates, to a large extent, during the course of employment while the other takes effect post employment and (b) because they are peripheral to the main clauses in a contract of employment. Using the concepts of norms and normative practices, and locating their use within the psychological contract, the article argues that individual clauses can regulate the behaviour of employers and employees as long as the existence of the obligations are emphasised and the normative basis for the clauses is communicated effectively.

Restraint of Trade
Restraint of Trade

Author: Michael Jefferson

Publisher: Wiley

Published: 1996-07-03

Total Pages: 0

ISBN-13: 9780471962717

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Restraint of Trade is an accessible examination of the law relating to restraint of trade between employers and employees. It explains how restrictive covenants work in practice, both during and after employment. The author first examines express clauses, looking at the six principal problems which may be faced when considering whether a covenant potentially in restraint of trade is enforceable or not after termination of employment: Does the clause protect a legitimate proprietary interest which will normally be a trade secret or trade connection? Is the clause reasonable between the parties? Is the clause reasonable in the public interest (an issue not normally relevant in employment law)? If part of the clause is invalid, may it be severed? How is the covenant to be construed? If the term is valid, which remedy or remedies may the employers obtain? The author then goes on to consider covenants during employment, implied terms both during and after employment, various drafting tips, and the effect of the Transfer of Undertakings (Protection of Employment) Regulations 1981. With coverage of the definition of particular words in the covenant, the consequences of invalidity of a clause, and the effect of wrongful dismissal, Restraint of Trade will be a useful reference for practitioners of employment or contract law, in-house lawyers, company secretaries and human resource managers.