Commentary

(2) Client non-solicitation covenants

Division AII Contract of Employment
| Commentary

(2) Client non-solicitation covenants

| Commentary

(2)     Client non-solicitation covenants

Covenants restraining employees from soliciting business from a defined class of customers or clients (or suppliers or other key business partners) of their former employer will potentially be an enforceable restraint, and generally likely to be viewed more favourably by the court than non-competes, being more concerned with a legitimate interest and less about restrictions on economic activity in a free market. The solicitation that the employer seeks to restrict should be in respect of a business of the same nature as the employer's business.

Solicitation usually refers to an ex-employee's positive act of approaching a customer

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