Restraint clauses can't be used to block competition
Restraint clauses in employment contracts won't be valid if their sole purpose is to prevent ex-employees competing with their former employer, the NSW Supreme Court has found.
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Restraint clauses in employment contracts won't be valid if their sole purpose is to prevent ex-employees competing with their former employer, the NSW Supreme Court has found.
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Courts and tribunals around Australia have delivered some important rulings for recruiters and HR managers over the past few days.
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The NSW District Court has ordered an employer to pay indemnity costs to a former employee in a case which sounds a warning to employers seeking damages over alleged breaches of restraint clauses.
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In an important case for executive recruiters and employers, the NSW Court of Appeal has granted Woolworths an injunction to delay one of its senior executives from taking up a post with Franklins.
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A long-running legal battle between healthcare recruiters Mantech Systems and Alpha Services is set to address some fundamental issues of the fiduciary duty owed to a recruitment company by its employees.
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New general manager for Hudson in WA; Senior Michael Page team to start own shop; Drake appointment.1310
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In a cautious outlook statement this afternoon, Ross Human Directions (formerly Julia Ross Recruitment) directors said the company was seeing "some signs of revenue growth and a small improvement in margins" and said profit would be in line with the December half last year.
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In an important ruling on executive employment contracts, a court has found that 12 months is an excessive restraint period, even for an executive with unique skills.
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Recruitment consultants and corporate recruiters should be aware of potential restraint issues that could arise when they recruit middle to senior executives, says a leading employment lawyer.
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Hamilton James & Bruce has lost the preliminary legal battle in an attempt to try to restrain one of its former employees.
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An important court action between Julia Ross and one of its former employees has been settled out of court.
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