Sample+Wiki+(Dawn's+Example)

Example Wiki by Dawn Duncan
 * Restraints of Trade in New Zealand ||

Topic Question: When can Restraints of Trade be used in New Zealand?

Background: What is a Restraint of Trade?

A Restraint of Trade is basically a condition in a contract of employment that imposes restrictions on where a person can work after they have left their employment . These types of contractual

Where does this are of law come from?

The law relating to the use of restraints of trade in New Zealand comes from the 'common law' which has been developed over centuries through judges deciding on specific cases. The New Zealand law reflects the legal principles that developed in England but has been adapted to suit New Zealand conditions.

When can Restraints of Trade be used by Employers in New Zealand?

Restraints of Trade are what is referred to as 'prima facie contrary to the public interest and so void'. In simple terms this means that the courts will treat these as void (having no legal effect) because it is not in the public interest for people to be unfairly prevented from finding other employment when they leave a job. Restraint of Trade clauses will only be enforced by the courts where the employer has a legitimate commercial interest that needs to be protected in that way and the restrictions imposed are fair and reasonable.

Where can you find more Information?

Employees and Employers can find general information about using Employment Agreements from the [|New Zealand Department of Labour Website] Wikipedia wikipedia