does redundancy render express restraints of trade vulnerable?
The article discusses the scope of express restraint of trade clauses in employment contracts in New Zealand. It states that such clauses typically seek to absolutely prohibit a former employee from using their skills and knowledge to trade in a prescribed sphere of activity, persons or geographical area. Issues that the Employment Court considers in express restraint of trade clauses to rebut the presumption of unreasonableness are cited. Also noted is the Court’s decision on the case Ogilvy &Mather NZ Ltd. versus Darroch.