The recent move to bannon-compete clauses by the Albanese government for workers who earn less than the high-income threshold ($175,000) has spurred discussions around an observed uptick in poaching disputes.
HR Leader reached out to Hamilton Locke partner Timothy Zahara; Legalite head of employment law and workplace relations Natasha Hannah; Clayton Utz partner Amanda Lyras; and Maddocks partner for employment, safety and people Meaghan Bare about how HR practitioners can adapt to these changes while working to better support their employers, proactively and reactively, to avoid poaching disputes.
“We have certainly seen a general uptick in disputes regarding post-employment restraints (or ‘anti-poaching’ provisions) in the employment space,” said Zahara.
“While most disputes do not end up in court, employers are aware of and are seeking to enforce post-employment restraints, especially in the technology industry and businesses offering professional services.”
“For senior employees, we are also seeing an uptick in the enforcement of non-compete obligations. With the government announcing its intention to ban non-competes for employees earning less than $175,000, and given the substantial costs and complexities of seeking to enforce non-solicitation restraints, there are steps that HR teams and management can take to reduce their reliance on post-employment restraints.”
Zahara touched on how businesses and HR teams can mitigate the potential fallout that often arises...
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