![]() ![]() This time, he was faced with a case that involved three union members that were sued by their former employer to enforce a restraint of trade clause. In his course of work as an IRO, Kubaren helps to resolve “a wide spectrum of grievances” that security officers face, from salary claims to unfair terminations and dismissals. “I Expected The Case To Be Thrown Out On The Basis That It Was Unenforceable” ![]() Kubaren Algasamy, an Industrial Relations Officer (IRO) in the Union of Security Employees (USE) has come forward with a case involving the non-compete clause that left him “disheartened”. On the flipside, an employer can apply for an injunction, or claim damages from an employee if a breach is found. strike down the entire clause from the contract. ‘cancel out’ parts of the clause that are deemed unreasonable 2. In the case when non-compete clauses are found to be ‘unenforceable’ and/or unreasonable, the Court can choose to 1. scope of employees (rank and seniority-wise) restrained 2. How ‘reasonable’ the scope of a non-compete clause is determined by several factors: 1. These assets, however, “should not be the skill or know-how that the employee acquires as part of his job during his employment”. In simpler terms, a ‘legitimate proprietary interest’ can refer to advantages or assets that can be regarded as the employer’s property.Īccording to Singapore Legal Advice, the Singapore court recognises client and trade connections as legitimate proprietary interest too. protecting a ‘legitimate proprietary interest’ of the employer’ 2. Later, I found out that non-compete clauses are only enforceable if they are 1. Not wanting to press any further in case I jeopardise our budding professional relationship (“What if she tells the boss that I was being difficult?”), I signed the contract with no more questions asked. She brushed off my query, stating that it just meant that I won’t be able to work for the firm’s clients if they wanted to poach me. Unsure of what it entailed, I asked the HR manager if that meant that I couldn’t work in the same industry if I were to leave the job. The first time I encountered a non-compete clause was at the start of my career. More often than not, many tend to put their pen to the paper after only checking the more immediate ‘essentials’ – leave days, benefits, and salary.īut what about other actually essential terms, like non-compete clauses?Īs a quick overview, non-compete clauses come under a larger umbrella of ‘restraint of trade’ clauses, which also include non-solicitation clauses, and confidentiality clauses. When signing a contract for a new job, how often do we pore through every single clause to ensure that we understand and agree to be subjected to all the terms listed by the employer? ![]()
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