He queensland civil and administrative tribunal has found that some of the questions asked when applying for a position on woolworths’ recruitment website contravene the anti-discrimination act willmott v woolworths ltd  qwcat 601 - pcc lawyers. In the case of dp world sydney ltd v guy  nswsc 1072 the nsw supreme court enforced a restraint of trade clause against an employee to protect confidential information the employee (bruce . Employers are increasingly prepared to seek to enforce restraint of trade clauses against former employees in today's competitive labour market this is demonstrated in three recent decisions of the new south wales and western australian supreme courts these cases indicate that while the courts .
The restraint of trade act may operate in some instances to permit the reading down and/or severance of a restraint of trade provision that would otherwise be unenforceable, but only to the extent that it is not against public policy. In woolworths ltd v olson  nswca 372, the issue of intellectual property and confidential information were predominant the ‘validity of post-employment non-competition clauses was examined along with the broadest type of restraint which imposed a commitment not to compete with the employer, or work for a competitor’. The cardinal issue in woolworths ltd v olson [ 2004 ] nswca 372 was whether a restraint of trade was sensible and hence enforceable ratio decidendi: the court of appeal nem con overturned justice einstein ‘s decision sing the restraint clause, and ‘granted woolworths the injunction it sought to implement the restraint against mr olson.
Full federal court of australia considers the validity and unfairness of a restraint of trade clause for an independent contractor in informax international pty ltd v . Showing restraint: non-competition law and former employees showing restraint: non-competition law and former employees examples of restraint of trade . Woolworths discovered the theft and took mr olson to court seeking a so called “restraint of trade”, that is, a court order preventing mr olson from being employed by franklins for at least some time.
Restraint commentary restraint of trade and confidentiality the balance favours the person wronged” (woolworths ltd v olson and another (2004) 63 ipr 258. Injunctions to restrain breaches of restraint of in woolworths limited v mark konrad olson doctrine of restraint of trade: curro v beyond productions pty ltd . 69 in woolworths ltd v olson, the new south wales court of appeal stated in respect of s 4: first, the court determines whether the alleged breach (independently of public policy considerations) does or will infringe the terms of the restraint properly construed. When is a restraint of trade clause not reasonable the victorian supreme court of appeal in just group ltd v peck woolworths ltd v olson . In the recent decision of woolworths ltd v olson a restraint of trade is valid to the extent to which it is not against public policy, whether it is in severable .
In woolworths limited v mark conrad olson the issue of restraint of trade is being considered restraint of trade usually operates to impose limitations or restrictions on departing employees from working for a competitor after the termination of employment. Woolworths v banks (nsw supreme court) woolworths attempted to restrain mr banks, a former executive employee, from accepting employment at myer for a six month period after leaving woolworths it relied on a clause in mr banks' employment contract that prevented his employment by a 'competitive business' for a period of up to 12 months after . Employment law tuesday 18 march 2014 the use of interlocutory injunctions to enforce restraint of trade clauses in employment contracts (woolworths v olson . “in new south wales, a restraint of trade is valid to the extent that it is not against public policy restraints of trade act 1976 (nsw), s 4(1) koops martin financial services pty ltd v reeves  nswsc 449.
Miles and dowler, a guide to business law 21st edition contracts in restraint of trade are contracts that prevent or restrict a person see woolworths v olson. Court enforces restraint of trade to protect confidential information in the case of dp world sydney ltd v guy  nswsc 1072 the nsw supreme court enforced a restraint of trade clause against an employee to protect confidential information. Woolworths v olson: protecting your ip intellectual property and confidential information were central to this, one of the most highprofile it cases of the year. Further, it was held that the restraint would be reasonable if it was limited in the manner proposed by woolworths that is, mr olson be restrained from being engaged by franklins or any other supermarket business with which woolworths competes in australia for a period of six months.
Injunctions — restraint of trade — undertakings — application for interlocutory injunction restraining defendants from disclosing confidential information: satellite terrestrial distributors pty ltd v jonsa ellies (aust) pty ltd  wasc 3. Restraint of trade 121 definitions in this clause 12, the terms below have the following meaning: see woolworths ltd v olson  nswca 372,  the reply . Table of cases table of legislation woolworths ltd v olson  nswca 372 168, yam seng v international trade corp  ewhc 111 244 yapp v foreign and .