Harden v Willis Australia Group Services Pty Ltd; Willis Australia Group Services Pty Ltd v Harden

[2021] NSWSC 939

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Termination
3. › Repudiation of contract
4. › Whether a direction to lie to clients during notice period constitutes a breach of implied duty of good faith
5. › Whether this amounts to repudiation
6. › Whether in the event of repudiation the employee had affirmed the contract by continuing to accept their salary and comply with employer directions
1. Contracts
2. › Implied terms
3. › Good faith
4. › whether there is an implied duty of good faith in employment contracts
1. Employment and Industrial Law
2. › Contract
3. › Restraint of trade
4. › Whether restraint unreasonable or against public policy
5. › Whether period of restraint is reasonable where employee is senior and experienced
6. › Whether notice period counts towards period of restraint
1. Commerce
2. › Restraint of trade
3. › Enforcement and remedies
4. › Injunction
5. › Whether employee had solicited or attempted to solicit clients and staff from their employer
6. › Whether employee misused or could misuse confidential information of their employer or clients
7. › Whether employee should be restrained from undertaking these actions