Learning Objectives:
- Understand the legal tests and strategic considerations for enforcing restraints of trade
- Examine recent case law and interim relief options, including the impact of FMV v TZB
Description
Attend and earn 1 CPD hour
* 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
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
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.
