When Employees Leave: Confidentiality and Non-compete Clauses

Reading Time: 7 minutesI.               Introduction When good employees leave, there is often a risk that they will join a competitor or set up a competing business. If you are the employer, the employment contract might protect your interests through a confidentiality clause preventing the employee from using or disclosing confidential information. It might also have a non-compete clause […]

Hong Kong: Protection for employers against team move (Part III): The Interplay between restrictive covenants and springboard injunction

Reading Time: 6 minutesIntroduction In our August employment newsletter, we discussed the UK case QBE Management Services (UK) Ltd v Dymoke & Others [2012] IRLR 458, where the employer successfully obtained, among other things, a 12-month springboard injunction against its former employees and their financial backer from starting a new competing business venture.  Springboard injunction is a short term injunction […]

Hong Kong: Protection for employers against team move (Part II): Springboard Injunction

Reading Time: 5 minutesIntroduction If a senior employee abuses his power and uses his senior position to exert his influence over his subordinate or junior employees to foment their resignations to join a new employer (often the employer’s competitor) or misuses the employer’s confidential information that only senior employees have access to, and uses such information to negotiate […]