Protect Your Business with an Employment Contract

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How does an employment contract protect your business?  

I’m Hamish Procter from Aitken Legal.  Client’s often come to us seeking an Employment Contract that will protect their business.  There are three key protections that we can include in an employment contract which can assist to protect your business.  They are:

1. Confidential Information and Intellectual Property clauses;
2. A detailed Termination clause;
3. A Restraint of Trade clause.

Confidential Information and Intellectual Property clauses are designed to protect information which is important to your business and which gives your business a competitive edge in the market.  Your Employment Contract should have detailed provisions protecting Confidential Information and Intellectual Property during the employment and following termination of employment.  If your Employment Contract does not protect your Confidential Information and Intellectual Property during and after employment, you need to consider having your Contracts reviewed.

Similarly, the Termination clause is an essential clause in any Employment Contract.  Termination clauses are important because they should set out the requisite notice period to be provided by the employee and the employer where either party wishes to terminate the employment.  They should also outline the circumstances where a termination without notice is appropriate.  Our contracts also provide for a remedy in circumstances where insufficient notice is provided by the employee, or where the employer opts not to have an employee work out the notice period. Finally, we always recommend a ‘What happens after termination clause’ which deals with the return of Company property, and provides reminders about key obligations on termination.  These clauses all assist to give clarity to what occurs at the end of employment.

We also just want to briefly touch on Restraint of Trade clauses.  There is a general myth out there that Restraints of Trade are not worth the paper they’re written on, and that is incorrect.  A properly drafted Restraint of Trade clause does give an employer a legal basis for seeking an injunction from the Court to enforce the Restraint.  Well drafted restraint clauses will typically attempt to prevent an employee from operating in competition with the former employer within a specified geographical area and/or prevent the employee from soliciting client’s, employees and contractors for a particular period.  To have the best prospects of enforcing a restraint clause, you should ensure your clause is drafted by one of our experienced employment lawyers who have a thorough understanding of restraint of trade case law.

For employment contracts that offer you and your business the best level of protection, contact Aitken Legal.  We are also happy to review existing contracts. 

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