There are various actions available to an employer if there is a written employment agreement that includes.
A requirement that an employee provide a certain amount of notice and the added stipulation that if the full notice is not given the employer can deduct a days wages/salary for each day of notice that the employee does not give. For example , if the agreement says two weeks notice has to be given and they leave without notice ,if you have the right clause , you can deduct 10 days wages out of their final pay or Holiday pay ,.
A restraint of trade clause. This stops the employee from working in the same industry and competing with you. There are three parts to any restraint. The restraint must focus on a reasonable geographical area (which will vary depending on the type of job the employee did and will do with the new employer, or on their own account) There must be a reasonable timeframe which restrains the employee. And, finally, there must be a reasonable restraint in terms of what type of work the person is restrained from undertaking.
Confidentiality clause. This stops an employee from taking off from your business and starting up using information (like client lists or pricing lists) they have gained while employed by you.
Another area that causes employers angst is getting back money that the employer has overpaid the employee during their time with them, and they now resign (or are dismissed) still owing money. (Example holidays taken in advance, tool allowances, canteen account, and a house that needs to be commercially cleaned)
A deductions clause in the employment agreement allows the employer to recover the overpayment or costs of cleaning via a deduction from the employee’s final pay, often from holiday pay.
