DSpace Repository

Job mobility and employee human capital - To what extent can the employee be restrained by post-contractual restrictive covenants? An analysis of the common law principles with special consideration of New Zealand

Show simple item record

dc.contributor.advisor Anderson, Gordon
dc.contributor.author Schwipper, Markus
dc.date.accessioned 2014-09-08T05:27:45Z
dc.date.accessioned 2022-11-03T01:16:58Z
dc.date.available 2014-09-08T05:27:45Z
dc.date.available 2022-11-03T01:16:58Z
dc.date.copyright 2014
dc.date.issued 2014
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/29486
dc.description.abstract In times where employment relationships become increasingly “volatile”, employers try to impede the mobility of their departing employees and capture the human capital they have generated during the former employment. In the absence of express restrictive covenants, the ability to do so is rather limited and therefore post-contractual restrictive covenants have become a common feature of employment contracts. More recent case law in common law jurisdictions suggests a creeping expansion of the use of restrictive covenants. Increasingly imaginative employers constantly push the boundaries of the law by advocating new forms of restrictive covenants and new types of protectable interests. The law on post-contractual restraints of trade is no longer restricted to the “classic forms” of non-compete clauses or non-solicitation agreements which purport to protect trade secrets or customer connections. So called non-poaching clauses that are designed to protect the “stability of the workforce” have emerged and have been accepted by the courts. In addition, employers make use of more sophisticated legal tools such as “garden leave” provisions or “indirect” restrictive covenants such as “profit-sharing agreements”, “clawback” and “forfeiture” provisions or “repayment of training costs” clauses to restrain departing employees. In this thesis, the common law principles governing the use of these covenants are outlined with special reference to New Zealand. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.rights Access is restricted to staff and students only. For information please contact the library. en_NZ
dc.subject Restraint of trade en_NZ
dc.subject Garden leave en_NZ
dc.subject Restrictive covenants en_NZ
dc.title Job mobility and employee human capital - To what extent can the employee be restrained by post-contractual restrictive covenants? An analysis of the common law principles with special consideration of New Zealand en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.subject.anzsrcfor 180118 Labour Law en_NZ
vuwschema.subject.anzsrcseo 970118 Expanding Knowledge in Law and Legal Studies en_NZ
vuwschema.type.vuw Awarded Research Masters Thesis en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.level Masters en_NZ
thesis.degree.name Master of Law en_NZ


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search DSpace


Browse

My Account