Business Law 고용 법 confidential (영문)

소개글

고용법에 관련한 contraint case analysis 입니다.
시드니대학교 상대 2009년 제출한 레포트 이며 18/20 점 받았습니다.
총 글자수는 1600여자입니다.

목차

A. Introduction
B. The facts and the issues of the case
C. The ratio decidendi the Court of Appeal
D. Critically evaluating the merits of the Court of Appeal’s decision in this case
E. Conclusions
References

본문내용

The decision of the Court of Appeal in this case was an appropriate one, it being in line with the common law doctrine of Restraints of Trade Act , which provides that a restrictive covenant will be deemed valid so long as it is also deemed necessary to protect the legitimate interests of a former employee . In the Woolworths case, there was clear evidence that Mr. Olson intended to breach his duties of confidentiality towards Woolworths Limited and the only way for Woolworths to prevent this was by invoking its discretionary power under Mr. Olson’s contract of employment to invoke a restrictive covenant and securing an injunction to prevent Mr. Olson from breaching this covenant. The fact that the covenant was accompanied by a provision ensuring that Mr. Olson received adequate remuneration during the period of restriction removes any argument that the enforcement of the covenant prevented Mr. Olson from being able to earn a living during its operation .

참고 자료

Clarke B and Kapnoullas S, ‘Confidentiality Agreements and the Protection of Trade Secrets: Does It Have to Be All or Nothing?’ [2005], Deakin Law Review, Vol. 10 Issue 2. p. 610.

Lasagge, P., and Norrbom, M., (2006). Restrictive covenants in employment contracts and other mechanisms for protection of corporate confidential information. International Bar Association Series. Kluwer Law International, 2006, p. 203-206.

Moses A, ‘Restraint of Trade in New South Wales’ [2004] The University of New England Law Journal, Vol. 10.

Riley J, Employee Protection at Common Law. Federation Press, 2005, p. 182.

Stewart A, Stewart’s Guide to Employment Law. Federation Press, 2008, p. 238-239.