A recent case making its way through the courts is raising questions about when employers can prevent current or former employees from going to work for a competitor through a non-compete clause.
The widely held perception is that you can’t restrain a person through a non-compete clause, says Hannah Ellis, principal and cofounder of The Workplace Employment Lawyers in Sydney. However, she says there are times when it’s appropriate to work non-compete clauses into an employee’s contract.
But the big question is: Will these hold up? Ellis says you will need to ask three important questions to make sure you get your non-compete clause right.
Have a legal question? Or a topic you want covered? Let Hannah know by tweeting to @theworkplace_au or visit her website and blog by clicking here. Check back for more advice on how to handle HR’s most common legal concerns.
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