This requires an employer to not act capriciously, arbitrarily or irrationally when exercising a power of discretion.
Reliance on this duty, by an employee, can arise when disputing an employer’s decision not to exercise its discretion to pay a bonus.
In a contract that is partly oral and partly written, the express terms will include both the written terms and any terms agreed verbally.
In addition, terms may be implied where it is clear that the parties would have included the term if they had turned their minds to it.
One commonly implied term is that of the duty of good faith.
Complex ‘cascading’ restraint clauses are becoming more common and have been the subject of a number of legal cases.
This is an area in which Maurice Blackburn employment lawyers have seen significant success.
Restraint of trade clauses are intended to protect the employer’s business interests.
These clauses attempt to regulate an employee's conduct while still engaged in the employment relationship and to restrict a former employee's conduct after the employment relationship has ended.
Express terms are those terms that are explicitly agreed.
In a written employment contract, the express terms will be the written terms.
Maurice Blackburn non compete clause lawyers can discretely and effectively negotiate the terms of your next employment contract on your behalf.
Talk to Maurice Blackburn today about our employment contract legal services.
In broad terms, restraint of trade clauses are enforceable to the extent “reasonably necessary” to protect the “legitimate business interests” of the employer.