| Commentary

(1) Generally

| Commentary

D.     Reasonableness in restraint of competition

(1)     Generally

If the employer has no legitimate interests which need protection from the employee in question, then any covenant in restraint of trade will be struck down. If it does have such interests, then it may impose a restrictive covenant, but only if it can show that it is no wider than is reasonable – no more than adequate – to protect those legitimate interests, having regard to the interests of the parties and the public interest.

The test of reasonableness requires a balancing exercise between the legitimate interests of the employer's

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