Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount of medication to produce the desired outcome with minimum side effects. Draft a post-employment restraint too narrowly, and it provides no remedy. Draft a restraint too broadly, and toxicity sets in – it won’t be enforceable.
In our series of post-employment protection blog pieces, we will tackle each of the main legal and commercial issues involved in drafting and litigating post-employment restraints and unpack our Post-Employment Protections Legal Dimension map. We will examine best practice approaches and the tactical issues that need to be thought through.
Our next blog post will consider the legitimate business interests recognised by Australian courts and the questions employers should ask themselves to assess whether a restraint will be enforceable.
Please contact any of our partners to discuss the relevant legal touch-points or to access our unique online post-employment restraint solution. We encourage you to leave a comment below.