6 Jan 2015

Restraint of Trade

Restraint of trade clauses in employment contracts are critical to protecting legitimate business interests of an employer.  Restraint of trade clauses are enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business interests of the employer, and this is assessed on a case by case basis. In assessing whether a restraint of trade clause is fair and reasonable, the Court may have regard to a number of factors including: the