During the course of the employment relationship all employers are vulnerable to the risk of disloyal, disgruntled or ‘soon to be departing’ employees and the damage that they can do.

Accordingly, it is before the employment relationship commences that a prudent employer should think carefully about what terms and conditions should govern the relationship and those that should apply after the relationship has come to an end.

Indeed, in the absence of expressed terms in the contract of employment operating post employment, an employer is usually in a much weaker position after the employment is over.

This seminar examines the protections available to an employer to protect itself from a disloyal employee and what practical measures can be taken to reduce the risks and damage such employees can inflict.

In particular the seminar will discuss the damage disloyal employees can inflict, including:

- Taking employer’s information for their own use or for the benefit of a new employer

- Soliciting clients, suppliers or other staff members

- Acts of sabotage

Sources of protection open to an employer will also be considered including:

- The duty of fidelity and good faith to the employer

- The duty to disclose misdeeds

- Confidentiality obligations and the classes of information courts will protect in the absence of a relevant contractual term

- Obligations under the Corporations Act 2001 (Cth)

The seminar will also provide practical tips to protect an employer including:

- Confidentiality and restraint of trade clauses in a contract of employment and how they should be drafted to reduce the risk of a court finding such clauses to be void

- Prudent human resources strategies

- The collection of evidence in support of an employer’s claim

- Court proceedings and what are the range of remedies