Broncosarethebest
QCup Player
- Sep 3, 2022
- 274
- 440
Fair point.Good point. My guess is the NRL is using non-compete law to enforce this, but its still a slippery slope.
- Reasonableness:
Courts generally consider post-employment restraints like non-compete clauses to be void unless they are proven to be reasonable and necessary to protect a legitimate business interest.- Legitimate interest:
A clause is more likely to be enforceable if it protects specific, legitimate interests like confidential business plans or client strategies, and isn't just intended to block competition or penalize an employee for leaving.- Enforcement difficulties:
Courts are less likely to uphold a non-compete clause- Reasonableness: Courts generally consider post-employment restraints like non-compete clauses to be void unless they are proven to be reasonable and necessary to protect a legitimate business interest.
Legitimate interest: A clause is more likely to be enforceable if it protects specific, legitimate interests like confidential business plans or client strategies, and isn't just intended to block competition or penalize an employee for leaving.
Enforcement difficulties: Courts are less likely to uphold a non-compete clause if the employee only has general industry knowledge rather than access to confidential information.- if the employee only has general industry knowledge rather than access to confidential information.
With the way the super league war went, would that set some precedent in the courts? It was a while ago but surely it still stands as there hasn't been anything similar since?