More and more employers are using a post-employment restraint of trade clause in order to protect their business interests. A restraint of trade clause generally applies when an employee leaves your business; enforcing restraint that is reasonably necessary to protect the business interests. It is important to determine what is considered reasonably necessary. Complete this checklist to determine what to consider when drafting a restraint of trade clause. 

Understanding your obligations as an employer is important. If you are experiencing difficulty with managing staff, please call CCIQ Employer Assistance team (members), or join with a CCIQ membership https://www.cciq.com.au/membership/.