April 2024

The starting point under Singapore law is that any contractual term restricting a former employee’s business activities after termination of employment (known as a restraint of trade clause or a restrictive covenant) is – on its face – void and unenforceable for being a restraint on the freedom of trade and contrary to public policy.

By: Nicki Milionis and Michael McCrae with thanks to Yasmine Sahihi and Amy Moore for their contributions

Victoria’s first industrial manslaughter decision pursuant to section 39G of the Occupational Health and Safety Act 2004 (Vic) (OHS Act) was handed down in the Supreme Court recently in R v LH Holding Management Pty Ltd

On 11 March the Council of the EU confirmed the provisional agreement reached on the Platform Workers Directive (the Directive).  The Directive aims to improve the working conditions of those who work on platforms in the gig economy and will also regulate the use of algorithms by digital labour platforms. 

Employment protection

The EU suggests

In modern employment contracts, restraint of trade clauses are commonly inserted to protect the employer’s proprietary interests. The purpose thereof is to prohibit an employee for a specified period and prescribed geographical area from taking up employment with a direct competitor.

Employers need to be wary of employees who breach restraint of trade clauses and