ATC Contingent Workforce Conference (22 September 2015) Amora Hotel, Sydney
1. SAFEGUARDS AT WORK
simple legal steps to limit your contingent workforce risk
Elizabeth Aitken
Associate
Employment, Industrial
Relations & Safety Law
2. What?
• Confidential Information
• Intellectual Property
• Customer relationships
Why?
• Valuable commercial resources
• Case examples of fall out
How?
• Safeguards throughout the contingent lifecycle:
• Engagement with supplier / user / contractor
• On-boarding
• Off-boarding
16. EXAMPLE SHORT-FORM
For purposes of this Agreement, "Confidential Information" shall mean:
• all trade secrets, proprietary and other information that is disclosed to or acquired
by me during or in the course of my engagement that relates to the business of the
Principal and is not generally available to the public, or generally known in the
[insert] industry;
• customers' identities and requirements, customer lists, suppliers' identities and
products, pricing information, product price discount information, manufacturing
processes and procedures, new product research, financial information not
generally available to the public, and other non public information; and
• any techniques, know how, processes or combinations thereof, or compilations of
information, records and specifications, utilized or owned by the Principal,
development, marketing, pricing, business methods, strategies, financial or other
analyses, policies or business opportunities.
22. Within the following Restraint
Area:
Within the following Restraint
Period:
Australia
NSW
Metropolitan
Sydney
Cascading restraint
12 months
6 months
3 months
23. The Employee covenants with the Employer that the Employee will not carry on or be engaged, concerned or
interested, directly or indirectly, in the capacity specified in para (A) in the business specified in para (B) within
the area specified in para (C) for the period specified in para (D).
(A) As:
(i) sole trader;
(ii) partner;
(iii) director or shareholder;
(iv) manager;
(v) employee;
(vi) agent; or
(vii) consultant.
(B) The supply of foods of a similar kind to the business of the employer
(i) Sale by wholesale of frozen foods…
(iv) Sale by wholesale of fresh produce
(v) Sale by wholesale of meat
(vi) Sale by wholesale of seafood…
(xi) Sale of fresh food products in competition with the employer…
(xiv) Sale of any food product in competition with the employer…
(C) Within the following areas:
(i) the Telstra 0362 area as defined at the commencement date of this contract….
(v) 100 kilometres of the Launceston Post Office…
(vii) 100 kilometres of the Burnie Post Office…
(ix) 100 kilometres of the Hobart Post Office
(xi) 100 kilometres of the Devonport Post Office...
(xiii) 100 kilometres of the Queenstown Post Office
(D) During the period after leaving this employment by the Employer: as specified in the schedule at Item 8.
32. Disclaimer
TressCox PowerPoint material does not constitute legal advice
The material on this PowerPoint has been produced by TressCox Lawyers and has been prepared as general information about TressCox and its services. It is not intended to provide legal
advice and, as such, the content does not constitute legal advice. Use of this PowerPoint does not create any solicitor-client relationship between the user and TressCox.
Copyright
The contents of this PowerPoint (Materials) may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in whole or part for any purpose other than
individual viewing of the PowerPoint without the express prior permission of TressCox. Unless otherwise indicated, copyright of the Materials is owned by TressCox. Modification of the
Materials or use of the Materials for any purpose will constitute a violation of the copyrights and other rights of TressCox.
Linked Sites
TressCox is not responsible for the content of any sites linked within this PowerPoint. The linked sites are attached for the convenience of the user only and may be accessed by the user
at the user’s own risk.
Privacy
TressCox is committed to protecting your privacy. In the course of our business we collect, use and disclose personal information provided to us by our clients and other users of
this PowerPoint. We do this in accordance with National Privacy Principles established by the Privacy Act 1988 (Cth). Please refer to our privacy statement for more details.
Jurisdiction
This PowerPoint is the property of TressCox. Legal content is based on laws applicable in the states and territories in Australia in which we practise. TressCox does not represent that it is
authorised to provide legal advice in all the jurisdictions from which this PowerPoint can be viewed.
Limitation of liability
To the extent permitted by the law, TressCox will not be liable for any damage, including loss of business or profits, in relation to usage of this PowerPoint. Where any law implies a
liability which cannot be excluded, any such liability is limited and provided for by the Competition and Consumer Act 2010.
www.tresscox.com.au
http://blog.tresscox.com.au/ linkedin.com/company/tresscox-lawyers twitter.com/TressCox
