A business owner has the right to protect their legitimate business interests through the provision and enforcement of restraints of trade. However this happens very differently in the context of an employee, including commissions-only sales people, as to an independent contractor, which functions as a separate businesses operating in parallel to an agency.
For employers, things to consider include ensuring correct set up of employment documentation, inclusion of a restraint, non-acceptance and / or non-solicitation provision and policies and procedures to which an employee is bound.
For contractors it is primarily in terms of confidential information that restraints of trade are an issue. This information must be identified as confidential, defined in the contract, and not be available in the public domain.
Click on the video below to learn more about restraints of trade.