What types of post-employment obligations can be recognized in Australia?
Noncompete, nonsolicitation, confidentiality, and nondisclosure agreements, as well as intellectual property covenants, can be recognized and are included in our employment agreements in Australia. Please note that "deed poll" is another term for confidentiality/noncompete agreements in Australia.
Can these post-employment obligations be enforced? How are they enforced?
The post-employment obligations, especially noncompetes and nonsolicitation, can only be enforced if they are considered reasonable (a typical noncompete has a 6- to 12-month restrictive clause, for example). Generally, it is very difficult to enforce post-employment or restrictive covenants, and the courts are more likely to rule in favor of your supported employee. Historically, the courts are more likely to enforce confidentiality and intellectual property covenants.
Does my supported employee need to be compensated in return for post-employment obligations?
No. In general, as long as restrictive covenants are included in the employment agreement at the time of hire, they will be seen as part of the terms and conditions associated with accepting employment.