Restraints of trade are often included in contracts of employment, with a view to restricting an employee’s ability to trade and to protect the commercial and other interests of an employer.
In order to be enforceable, that is to have legal effect, it is essential that such terms go no further than to protect the legitimate interests of the party seeking to enforce the restraint.
Drafting effective restraints of trade and advising parties as to the enforceability of restraints therefore requires proper consideration of the circumstance of the restraint, the interests sought to be protected and applicable law.
Queensland Law Practice is well placed to draft effective restraints of trade in consultation with employers.
Queensland Law Practice is also able to provide advice to employees regarding the enforceability of restraints of trade which purport to operate in relation to their employment and in certain circumstances after their employment.