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VIC Resisting Restraint of Trade Clauses - Options Under Common Law?

Discussion in 'Employment Law Forum' started by buzzle, 4 April 2016.

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  1. buzzle

    buzzle Member

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    "Where an employee is seeking to resist the enforcement of a restraint of trade clause, what options do they have at both common law and equity?"

    There is a lot of information on the inverse situation but not a lot on this topic.
     
  2. Serge Gorval

    Serge Gorval Well-Known Member
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    Challenging a restrictive covenant is generally very expensive. As with any contract you can have the clause struck out if it's unreasonable or apply for an injunction in the supreme court preventing the employer from enforcing the covenant ( equity).

    The courts look at restrictive covenants in most cases for the employee as it generally is unreasonable to restrict an employee from earning a living. What are the terms ? Are you currently employed ?
     
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