| Commentary

(1) Generally

| Commentary

C.     Legitimate interests concerning restraint on competition

(1)     Generally

We live in a free market economy, and the employer must be prepared to face competition from others, including its ex-employee. It cannot therefore impose a restraint on its employee simply to stop them competing. It cannot try to get rid of one potential competitor just because that competitor happens to have come to work for it. On the other hand, the employer is entitled to protect its rights. It is entitled to keep what it has, and it can legitimately seek to stop its ex-employee making use of

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