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.
Chair
Robbie Bryant, Senior Associate, Todd & Walker Law
10.30am to 11.30am 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
Learning Objectives:
- 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
Description
Attend and earn 2 CPD hours
9.30am to 10.30am 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 is a Senior Associate and is TODD & WALKER Law’s employment law specialist. Robbie is primarily based in TODD & WALKER Law’s Wanaka office but also works across the Queenstown office. Robbie advises clients on a full range of contentious and non-contentious employment matters. He has advised start-up businesses through to some of New Zealand’s leading public and private sector organisations, including not-for-profit organisations. Robbie also advises employees at all levels including senior managers and executives. An experienced litigator, Robbie represents clients in the Employment Relations Authority and Employment Court, and he has made appearances in the Court of Appeal and the Supreme Court. Robbie is regularly asked to appear for clients in mediations and has also appeared before the ACC Review Authority and Human Rights Commission. Robbie also has experience in conducting external investigations and mediating disputes.
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.
