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Essay / Research Paper Abstract
This 7 page paper looks at a case study supplied by the student. Two long term employees are asked to sign a new contract with has a post termination covenant preventing them form working for a year in the same industry within a mile of the company’s offices. The paper looks at whether or not the restriction on trade is enforceable and if their dismissal as a result of refusing to sign the contract is an unfair dismissal. Points raised are supported with relevant case citations. The bibliography cites 6 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEpostterm.rtf
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Unformatted sample text from the term paper:
this he had worked for several clients, Brad worked only on the typographical design for many clients. They are presented with a new contract that has a post termination covenant
in stating that if they leave they agree not to work in graphic design for a period of twelve months within a one mile radius of Saki Advertising. They were
not happy about the changes in the contract and after the dispute resolution procedure was followed and not resolution was reached they were both dismissed with notice. This case has
two issues, the first is whether the covenant is enforceable and secondly if the dismissal is unfair. It is possible for any term to be out into a contract;
however, this does not mean that it is enforceable. The idea of a post termination clause is one that is highly controversial and to consider this we need to look
at the doctrine of restraint of trade. There are duties placed on employers and employees during and after the employment relationship has ended, for example, there is an implied and
often an express term of fidelity, for example Faccenda v Chicken Ltd v Fowler [1987] Ch 11 shows that ex employees should not be able to reveal trade secrets. However
a post termination covenant takes this further as it is restraining what they ex employee ca and cannot do after they have left the company (Lockton, 2003). Generally these terms
are unenforceable unless it can be shown to be reasonable. For the term to be deemed reasonable there are two elements, the first is to show that the term is
in the interests of the contracting parties, and that it is not against the public interest. The case that should be looked at first is Nordenfelt v Maxim Nordenfelt Guns
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