Are restraint of trade and non-compete clauses valid?

Our business lawyers are frequently asked about the validity and enforceability of restraint of trade or non-compete clauses in employment contracts. As with everything legal the answer is often, “it depends”, and that’s why it’s important both employers and employees get the right advice.

Business LawLachlan Edwards7 June 2021O'Farrell Robertson McMahonrestraint of trade, non-compete clause, employment contract, terminating employees, unfair termination

What to do when an employee goes rogue on social

Once a client has made a “rogue” comment on social media about your business, what options are open to you?

Business LawLachlan Edwards4 September 2020O'Farrell Robertson McMahonsocial media policies, social media, employment contract, employment, terminating employees

Preventing employees causing damage on social media

Can you protect yourself against social media abuse by your employees?

Business LawLachlan Edwards3 September 2020O'Farrell Robertson McMahonsocial media policies, social media, employment contract, employment, employer obligations, terminating employees

Employer beware - regular and systematic casuals may be protected from unfair dismissal

Terminating a casual employee who has reasonable expectations of regular and systematic work may have legal consequences.

Business LawLachlan Edwards14 August 2020O'Farrell Robertson McMahonemployer obligations, employment contract, terminating employees, casual employees, employment, fair work, unfair dismissal, unfair termination

SME - Do I have to comply with a restraint of trade clause in my contract?

Restraint of Trade clauses, when attached to a business sale/purchase, are intended to prevent the seller competing with the business they have just sold.

Business Law, Business LitigationLachlan Edwards13 August 2020O'Farrell Robertson McMahonemployer obligations, terminating employees, employment contract, contract conditions, business owner, business sale, business purchase

Standing down employees (update)

As regional Victoria moves into stage 3 restrictions for a second time, Siobhan has updated information on standing down employees.

Business LawLachlan Edwards4 August 2020O'Farrell Robertson McMahoncovid-19, covid, employer obligations, terminating employees, unfair dismissal, unfair termination, fair work

Employees need to be heard to avoid being unfairly dismissed during Covid-19

A dismissal will be unfair where it is harsh, unjust or unreasonable. In those circumstances the employee can make a claim for compensation or even reinstatement. Dismissing an employee where there is still work available, despite a downturn, could be harsh or unreasonable.

Business LawLachlan Edwards1 May 2020O'Farrell Robertson McMahoncovid-19, redundancy, employment, terminating employees, unfair dismissal, unfair termination

Standing down employees

One question our well-intentioned clients frequently ask is 'can I stand my employees down until this is over?'.

Business LawLachlan Edwards2 April 2020O'Farrell Robertson McMahoncovid-19, employment, terminating employees, unfair dismissal, unfair termination, stoppage, customer, fair work

When things go wrong - disciplining employees and serious misconduct

When you receive complaints about an employee or their work or other behaviours are a problem, you can't just let them go. There are strict rules in place.

Business LawOFRM Lawyers19 May 2017O'Farrell Robertson McMahonunfair dismissal, dismissal, employment, terminating employees, unfair termination

What happens with employees when a business is sold?

Buying and selling a business is not just goods and equipment. Employees must also be factored in to the conversation at an early stage.

Business LawOFRM Lawyers8 May 2017O'Farrell Robertson McMahonsale of business, employment, terminating employees

Letting employees go when the well is dry

It is a sad fact of business life that sometimes a business is unable to afford to keep all its employees. If this happens to you there are rules you must follow and legal advice you may need.

Business Law, Business LitigationOFRM Lawyers10 June 2015O'Farrell Robertson McMahonemployment, terminating employees, unfair dismissal, unfair termination, redundancy, small business week, small business

Are Social Media and the Workplace too close for comfort?

Protecting employees and employers against issues with social media is a combination of many factors. These include policies and codes of conduct, to understanding social media privacy settings.