Post-Employment Restraint of Trade: The competing interests of an ex-employee, an ex-employer and the public good

by Rob Jackson

The law surrounding post-employment restraint of trade has increasing importance in workplace relations law and practice. The historical assumption that employers have a stronger commercial position and employees are vulnerable has been exploded in the 21st century by a highly educated and skilled workforce both geographically and occupationally mobile. Concisely and with great clarity this book covers the history of common law tradition, questions arising before drafting a post-employment restraint; drafting a restraint of trade clause; non-solicitation of employees; other post-employment restrictions on an ex-employee; post-employment conduct and intellectual property rights; post-employment restrictive covenants in sale of business agreements; clients, ethics, writs and international perspectives; reform of post-employment competition. Post-Employment Restraint of the competing interests of an ex-employee, an ex-employer and the public good identifies how the Australian judiciary charts its way through the twisting path to post-employment justice as well as surveying in brief that relevant practice in overseas jurisdictions.

224 pages, Paperback

First published March 3, 2014

About the author

Rob Jackson is the Chair of the Global Carbon Project, a Senior Fellow at Stanford’s Woods Institute for the Environment and Precourt Institute for Energy, and a professor of earth science at Stanford University. Through global scientific leadership and groundbreaking research, communications, and policy activities, Jackson’s work has reduced millions of tons of greenhouse gas emissions and improved human health, safety, and air and water quality. One of the top five most-cited climate and environmental scientists in the world, he has authored more than 400 peer-reviewed publications, and his writings have appeared in many outlets, including The New York Times, Scientific American, and The Washington Post. Jackson lives in Stanford, California.