Murdoch University Research Repository

Welcome to the Murdoch University Research Repository

The Murdoch University Research Repository is an open access digital collection of research
created by Murdoch University staff, researchers and postgraduate students.

Learn more

Unpacking post-employment restraint of trade decisions: The motivators of the key players

Dent, C.ORCID: 0000-0002-1801-713X (2014) Unpacking post-employment restraint of trade decisions: The motivators of the key players. Bond Law Review, 26 (1). pp. 1-26.

PDF - Published Version
Available under License Creative Commons Attribution.

Download (778kB) | Preview
Free to read:
*No subscription required


Restraints of trade are aimed at limiting the capacity of employees to move from one job to another and taking important knowledge or techniques with them (to the detriment of the first employer). The current law focuses on the reasonableness of the clause at the time of its signing. A more detailed examination of the decisions made, by the employee, around the breach of such a clause suggests that this may not be the most effective approach. This assessment is made through a consideration of the motivators of the parties, the role of the legal tests, the risks relevant to their decisions and an examination of operation of the law itself. In short, if the goal of the regulation in this area is to limit the breach of restraints, then a focus on the decision of the employee to breach (or not) the clause may be more effective.

Item Type: Journal Article
Publisher: Faculty of Law, Bond University
Copyright: © 2014 Faculty of Law, Bond University
Item Control Page Item Control Page


Downloads per month over past year