How difficult (or easy) is it for an employer to prevent an employee working for others (or themselves), both during the employment and after it has ended? Refer to relevant cases and legislation. This essay will look at the definition of what an employer and employee are according to legislation. It will then discuss whether or not an employer can prevent an employee from working for others (or themselves), after the employment has ended. Analysis will be done on whether restraint of trade
The legal issue in this case is whether this non-compete clause in the employment contract between Roxanne and Nova Graphic Designs is enforceable under Canadian contract law. As stated in Nordenfelt v. Maxim Nordenfelt Guns and Ammunition Co., despite the presumption that restrictive covenants are prima facie unenforceable, a reasonable restrictive covenant will be upheld. Restrictive covenants are prima facie unenforceable because they create conflict between the freedom to contract and an individual’s