Employees, Trade Secrets and Restrictive Covenants in Australia

Employees, Trade Secrets and Restrictive Covenants in Australia
Aldo Nicotra

ISBN 978-90-411-8379-8
Kluwer Law International BV, The Netherlands

Human capital is key to building and maintaining a “competitive edge”. However, the demand for talent presents opportunities and challenges for both employers and employees, particularly when it comes to the use of “know-how” and trade secrets “embedded” in personnel. This paper examines the evolving law which seeks to balance an employer’s right to protect legitimate business interests against an employee’s right to earn a living. This chapter will discuss the restraint of trade doctrine in the contexts of employment law in Australia, and within the competition law sphere.