馃攳
Non Compete Clauses in Irish Contracts of Employment - YouTube
Channel: Terry Gorry Solicitor
[0]
this video I'm going to take a look at
non-compete clauses in contracts of
[5]
employment so if you're an employer or
indeed an employee or a former employee
[10]
then you might want to have a look at
the video just to be sure about how
[17]
effective and how enforceable such
non-compete clauses are so let's take a
[24]
look common lower rates an employer has
a common law right to protect trade
[31]
secrets and confidential information so
that arises from just a common law it
[36]
doesn't have to be in the contract of
employment it's not in statute per se
[41]
but there is a common law right also an
employer has a right to expect that the
[48]
employee will not compete with him the
employer while the employee is employed
[53]
with them the definition down of trade
secrets and confidential information can
[60]
cause problems and this will depend on
the particular circumstances of the case
[64]
clearly a lot of times disputes will
rise to the employer will say that trade
[70]
secrets or that's confidential
information the employee may well turn
[74]
around and say look everybody knows this
this is not a trade secret or whatever
[80]
the as I say there's no common law
protection though preventing a former
[87]
employee from solicit soliciting
business from former employer and this
[93]
needs them to be provided for in the
contract of employment that leaders
[98]
aren't enter restrictive covenants
restrictive covenants in a contract of
[102]
employment are essentially non-compete
clauses question I'm often asked is how
[108]
enforce what are effective early well
when you look at the whole situation in
[113]
their own there is a balance is struck
between restraint of trade on the one
[117]
hand the constitutional right of the
under constitutional right of an
[123]
employee's we are in a living and the
legitimate protection of a genuine
[128]
interest of the employer sort of
competing demands competing rights to be
[134]
balanced out there in any dispute
situation that ultimately is what will
[139]
happen if there's a dispute the employee
will simply plow ahead and commenced
[144]
business the employer will seek to
enforce his non-compete clause is
[150]
restrictive covenant and a court
ultimately then will be faced with the
[153]
prospect of deciding between these two
competing interests any restrictive
[159]
covenant any non-compete clause must be
reasonable and it must be reasonable as
[164]
to the length of time and the
geographical area that start to be
[168]
covered time six months is reasonable I
think above six months is questionable
[175]
but you might tell where were six to 12
months however the likes of two years 18
[180]
months or longer and would be hard I
believe to enforce as being necessary
[186]
and reasonable the geographical area
must be reasonable also not an entire
[191]
country for example now it is possible
that you might be able to enforce one in
[196]
relation to an entire country in
particular circumstances but by and
[199]
large employees when they leave the job
are entitled to earn a living the
[204]
Constitution right here in a living and
therefore the geographical restriction
[210]
must be reasonable if the employer is in
breach of contract then he will not be
[216]
able to rely on any restrictive covenant
a further spanner in the works then
[220]
comes from the Competition Act of
nineteen ninety-one this act section 4
[225]
subsection 1 articulate prevents
anti-competitive agreements between
[228]
undertakings now when employee wiley's
employed is not an undertaking however
[233]
when the employee leaves the job and
sets up in competition with the old
[237]
employer he's likely to be considered an
undertaking and to be covered therefore
[241]
by the Competition Act of nineteen
ninety-one therefore any agreement
[245]
between the former employer and the
former employee not to compete could
[251]
actually be in breach of the competition
act it's anti-competitive that's what
[257]
the
employee clearly would be arguing if he
[260]
wants to commence the leading case here
is the apex fire protection version
[263]
smarter it's a nineteen ninety three
cases to do I think would fire fire
[267]
extinguishers under supplier of fire
extinguishers and fire protection
[270]
equipment and so on two-year time
restraint in this particular case with
[275]
healthy be excesses one year you might
get away with Portia two-year restraint
[280]
definitely worth successes my name is
teri garr iam a solution n feelin County
[286]
means there's my contact details there
on the screen I hope you find this video
[290]
useful
Most Recent Videos:
You can go back to the homepage right here: Homepage