Employment law Free Essay Example, 2500 words

It is this unreasonable conduct that could be the subject of dispute and raise the issue of whether the dismissal was fair, but changing. (2) The Courts have shown a willingness to uphold restrictive covenants which are part of an agreement for sale of a business5 but this is not the case with restrictive covenants in employment contracts, which are scrutinized closely by the Courts. As Lewis points out, the restraint of trade doctrine, wherein a person has a right to pursue his occupation freely, imposes limitations on what may or may not be acceptable within the scope of a restrictive covenant. 6 In accordance with Lord McNaughton’s speech in Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co Ltd7 the basic rule is that any kind of restraint of trade is void, hence an employer cannot protect himself against competition by imposing a restrictive covenant on an employee, especially after his employment has ceased. The Courts will examine the terms of the restrictive covenan t to assess whether the circumstances justify such restraints being placed on the employee. Hence the successful drafting of a restrictive covenant may require a â€Å"good deal of legal know-how. †8 Some rules have been established by the Courts on restrictive covenants. We will write a custom essay sample on Employment law or any topic specifically for you Only $17.96 $11.86/page