A competition restraint preventing a senior business development manager from working for a competitor for six months within a defined geographic area is enforceable where the employee had access to confidential pricing, contract and fleet information and had developed close customer relationships as the 'face of the company'. Non-solicitation and client service restraints that extend to all clients and prospective clients of the employer, rather than only those with whom the employee had a connection, are unreasonable and unenforceable. The effect of a 'without prior written consent' qualification in restraint clauses remains an open question in Australian law.
The full text is available to signed-in members, including the 20 later cases that cite this judgment.
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