AFR 3 August 2009

AFR 3 August 2009

“Tony Macken, principal of employment lawyers AJ Macken and Co, which advises senior executives, said: “Employees must be careful about entering into contracts which contain covenants in restraint of trade as the courts, subject to the terms of the restraint clauses and particular facts and circumstances, are increasingly expressing a willingness to uphold restraints that protect a legitimate interest.

“Employees will find it increasingly difficult to rely merely on public policy considerations to avoid the operation of covenants in restraint of trade.”