› senior employee working in removals and storage industry gives notice and signs contract of employment with competitor company - whether the former employee should be restrained from working for competitor company
› whether form of restraint protects legitimate business interests of former employer
› application of the Restraints of Trade Act 1976
› whether restraint in the public interest - reasonableness of restraint.
Contracts
› Construction
› Interpretation
› consideration of applicable notice period
› implied term permitting employer to direct employee to take garden leave - whether employee would be entitled to a bonus by reason of rendering service rather than serving out a contractual notice period on garden leave
Contracts
› Termination
› Repudiation of contract
› whether employment contract repudiated by employer
› effect of potential repudiation on any post-employment restraint and any otherwise required notice of termination.
Case Details
Citation[2017] NSWSC 1296
CourtNSWSC
JurisdictionNew South Wales
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