Restraint of trade
Restraint of trade clauses don’t come into effect until the end of an employee’s service, however, they are an important tool that must be given consideration prior to employment commencing. A lawyer’s involvement in incorporating restraint of trade clauses is imperative, as there are limited circumstances in which such they are considered enforceable. In order to protect your commercial interests, a restraint of trade clause must be drafted in compliance with restraint of trade laws in New South Wales and in such a way that it would be considered valid under the scrutiny of a Court.
There are general protections under employment law in Australia that prevent employees from misusing confidential information. However, it is difficult to prove the employee was aware that certain information is classified confidential and that they have misused it. Having a clear confidentiality clause in an employment contract affords protection to employers by preventing the misuse of confidential information, as employees can easily identify what is confidential information. Further, it facilitates a stronger claim against employees who have misused confidential information, as there is clear evidence the employee ought to have been aware of the nature of the information.
Further, if a current or ex-employee has potentially breached your confidential, our experienced employment lawyers can assist you from drafting protective clauses, identifying if you have a potential claim, all the way through to any possible proceedings and protecting your rights in the future.
Intellectual Property Protection
As an employer, you generally have intellectual property rights over any intellectual property an employee has created during the course of their employment.
That being said, different circumstances may give rise to different outcomes in terms of whether the rights are retained by the employee or the business. If in the normal course of employment, an employee is creating intellectual property, it is important to ensure that you have safeguarded your commercial interests by clarifying your rights in your employment contracts.
Further, if a current or ex-employee has potentially infringed your intellectual property rights, our experienced employment lawyers can assist you from identifying if you have a claim, right through to any potential proceedings and protecting your rights in the future.