Sportsbet v Carpanini – another warning about restraint of trade clauses in employment contracts
Restraint of trade clauses are often poorly drafted and frequently misunderstood. A significant proportion of restraint clauses would be unenforceable if tested.
A restraint of trade clause is void by default unless the employer can demonstrate that it is reasonable to protect the legitimate business interests of the employer. The court will consider whether the restraint is such only as to afford a fair protection to the interests of the employer, and not so large […]