Webinar on Restraint
Employees are often your best asset; however, they present significant risks on exit. When they leave, your staff may try to take your customer lists, trade secrets, confidential information and intellectual property? A swift response is crucial. Otherwise your ex-employees can give your competitors an unfair advantage and put your business plans in jeopardy.
There is a common misperception in the industry that post-employment restraint clauses are unenforceable, and that there is nothing we can do when these things happen. This is simply untrue. Courts routinely restrain employees from working with competitors in circumstances where the restraint clause is reasonably worded to protect a legitimate business interest.
In Australia nearly a 1/4 of all new employees will leave their job within their first year (23%). Staff turnover and the threat of ex-employees costs businesses in salary, resources, opportunity cost, loss of efficiency, the damaging results of problems with work performed, replacement costs and cultural issues for the company. Where an employee takes the company’s confidential information and shares it with a competitor, these real workplace problems can be amplified, and lead to substantial commercial damage.
Our webinar is a reminder of restraint basics and case examples to demonstrate how you can protect the business when employees move on. There will also be the opportunity for questions and follow up discussion with Caitilin Watson of Atkinson Vinden Lawyers.
Senior Associate, Atkinson Vinden Lawyers
Caitilin has extensive experience in commercial litigation and employment/workplace law. She assists companies and directors to resolve disputes prior to litigation or within the Fair Work Commission and the federal Courts’ process. She routinely advocates in and advises on adverse action, unfair dismissal, restraint of trade issues, breach of contract, discrimination and Australian Human Right Commission matters.
She excels at finding commercial solutions and looking beyond the Court process. Caitilin is focused on delivering clients results to suit their aims in a cost effective and timely manner. She enjoys getting to know her client’s business and industry in order to provide tailored results. Caitilin works with clients in the healthcare, medical device, manufacturing, engineering and property industries, as well as SMEs that deliver a broad range of products and services. A number of her clients are multinational companies with a presence in Australia, with broader considerations impacting our strategy in their matters and experienced in-house counsel.
Many of the disputes she resolves are workplace issues for companies engaging, managing, training and terminating employees and independent contractors. Caitilin enjoys the legal issues raised by an ever changing marketplace and managing the personal element in complex matters.