A recent decision of the NSW Court of Appeal considered a post restraint cascading clause which involved a combination of periods and locations.

Each combination of time and location constituted a separate and independent provision, severable from the other restraints.

The employee argued the cascading restraint clause was invalid, saying it was uncertain, unreasonable and against public policy because of its multiple options.

The court disagreed and confirmed that the clause was valid and the terms were reasonable.

The judgment provides confidence for employers that they can rely on properly-drafted post-employment restraints.