Abstract
In a competitive global marketplace, companies are relentless in their search for the best and most-skilled employees to help their businesses excel. It is chiefly for this reason that many contracts of employment contain restrictive covenants to safeguard employers, upon an employee’s departure, against losing potential and existing clients or the disclosure of their in-house strategies and trade secrets. Often times, as evidenced from case law addressing the enforceability of restrictive covenants, it is the employee who terminates his or her contract of employment with the hope of advancing his or her career or improving his or her financial prospects at his or her employer’s competitor in the marketplace. In other cases, it is the employer who terminates the employment relationship and the employee either “sets up shop” or seeks employment elsewhere. The latter scenario stands quite uniquely from the former as it is brought about through no fault or thrust of the employee...
LL.M. (Labour Law)