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Post-employment obligations are commonly relied on by employers to protect legitimate business interests when an employment relationship ends. These obligations typically include restraints of trade (non-competition), non-solicitation or no-dealing clauses, and obligations relating to confidential information and intellectual property.
While these contractual mechanisms can be valuable risk-management tools and offer a level of deterrence, they are also one of the most frequently challenged aspects of employment agreements and they are not always enforceable.
The Employment Relations Authority and Employment Court approach post-employment restraints with scrutiny and enforcement is not automatic and often more complicated that first anticipate by employers.
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