Sydney Employment Law for Employers, Employees and Contractors - Haywards Solicitors

Level 11, "The University Centre"
210 Clarence Street, Sydney
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The Law Society of NSW

Workplace Law and Legal Representation for Employers | Sydney

Workplace Law for Employers

Post-Employment Legal Restraints

Post-Employment Legal Restraints | Sydney

Australian employers are increasingly using post-employment restraints in their employment contracts to protect the confidential information and commercial interests of the business once an employee leaves. While restraints can vary, they typically fall under two categories. These categories are:

  • Non-competition restraints: Imposing limits on a former employee working with a competitor or competing against their former employer.
  • Non-solicitation restraints: Imposing limits on a former employee from soliciting their former clients or other employees from their former employer.

Enforcing post-employment restraints can present difficulties if the restraints are not carefully drafted or if the Court views them as too broad or unreasonable.  Haywards Solicitors can help you draft enforceable restraint of trade clauses within your employment contracts which are suitable for your business and assist you in enforcing post-employment restraints following termination of the employment relationship.