Are you fully across how to draft an airtight restraint of trade clause to effectively prevent your client's employees from joining competitors when their employment ends? No one wants important information to walk out the door to a competitor with the employee.
Get the latest on drafting tips, recent cases and enforcement issues regarding restraints of trade clauses in employment contracts.
Description
Attend and earn 2 CPD hours
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair:
Robbie Bryant, Senior Associate, Todd & Walker Law
Learning Objective:
- Learn how to draft and enforce a restraint of trade clause in light of recent developments and Guidelines
- Update on the enforcement of Restraint of Trade clause and recent cases
Enforcement of Restraints of Trade
- Assessing the problem: What is the employer's vulnerability?
- Reviewing the applicable restraints: Non-compete? Non-solicitation? Other?
- Are the restraints as drafted enforceable? Criteria for enforceability
- Strategic considerations: What type of termination is this? Will/can the employee compete? What steps can be taken to improve the employer's position before the decision to terminate employment?
- Interim relief
- Jurisdiction issues: impact of Supreme Court decision in FMV v TZB
- Relevant recent cases
Presented by John Hannan, Barrister, Bankside Chambers
Restraints of Trade in Employment: Insights on Drafting
- Gain insight into best practice for drafting restraints of trade to ensure reasonableness and enforceability
- Examine how to enforce restraints of trade if they are breached
- Recent authority and Employment Court guidance on restraints
Presented by Kelly Rowell, Special Counsel, BE Employment Law
Presenters
John Hannan, Barrister, Bankside Chambers
John Hannan is a highly experienced lawyer specialising in employment law, education law, and commercial and property litigation and advice. He was a senior partner at DLA Piper New Zealand until joining the independent bar in 2019. He has acted for numerous primary, secondary, and tertiary education providers in employment, student discipline and privacy matters. He is an experienced advocate in the ERA, Employment Court and High Court. He also acts as an investigator and is a qualified mediator. John acts for insurers in claims under Employment Practices Liability Insurance (EPLI) policies.
Robbie Bryant, Senior Associate, Todd & Walker Law
Robbie leads Todd & Walker Law’s employment law team. He advises clients (employers and employees) throughout New Zealand on all contentious and non-contentious employment matters. Robbie has represented clients in all the employment institutions, as well as the Court of Appeal and the Supreme Court. Prior to joining Todd & Walker Law, Robbie was an employed barrister specialising in employment law and then worked for a boutique employment law firm – both in Auckland.
Kelly Rowell, Special Counsel, BE Employment Law
Kelly is Special Counsel at BE Employment Law, a specialist employment law firm. Prior to joining BE Employment Law, Kelly had her own practice as an employment law barrister and has specialised in employment law for the duration of her career. Kelly has experience in all aspects of employment law and enjoys both advisory and dispute resolution work. She has represented clients at the Employment Relations Authority and Employment Court and also been involved in cases at the higher appellate levels.
This seminar is part of a series
Employment Law Series 2024
In this in-depth 5-part employment law series you will explore the issues concerning the impact of social media and AI on the workplace and employment relations concerns, plus the employer’s obligations to deal with mental health in the workplace. Get the latest on Restraint of Trade Agreements including drafting tips and enforcement. Gain valuable insights in running of workplace investigations and drafting know how on employment agreements to meet an employer’s statutory obligations.
Description
Attend the full series and earn 6 CPD hours
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
