Australia: Can the springboard principle be applied to restrain a former employee?

IN BRIEF
Employers have struggled in the past to find ways of restraining a former employee from setting up in competition and from soliciting their clients and their goodwill in the absence of a dedicated restraint of trade covenant contained in the employee’s contract of employment.

However, a recent decision of the Federal Court of Australia in APT Technology Pty Ltd v Aladesaye [2014] FCA 966 (5 September 2014), seems to have come to the aid […]

By | October 14th, 2014 ||

Canada: Executive Loses Incentive Comp Upon Resignation – Contract Enforceable, Court Finds No Restraint On Trade

The Ontario Superior Court of Justice upheld a contract that forced an employee to forfeit restricted shares upon resignation in Levinsky v The Toronto-Dominion Bank.

The Plaintiff, a Vice President and Managing Director at the bank, participated in the bank’s Long Term Compensation Plan. The Plan granted the Plaintiff Restricted Share Units each year. Under the Plan, shares that had not yet matured would be forfeited upon resignation. The Plaintiff resigned in 2010, and accordingly, […]

By | October 13th, 2014 ||

United States: OFCCP Issues New Scheduling Letter And Itemized Listing – Federal Contractors Must Act Quickly To Ensure Compliance

Executive Summary:  On September 30, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register announcing a newly approved Scheduling Letter and Itemized Listing.  The Itemized Listing, used in conjunction with the Scheduling Letter, identifies the documents and information that contractors must provide at the onset of the desk audit phase of an OFCCP compliance evaluation for non-construction supply or service federal contractors.

The new OFCCP Scheduling Letter and […]

By | October 13th, 2014 ||