| Commentary

(2) Reasonable protection

| Commentary

(2)     Reasonable protection

Even where an employer has shown on the evidence that the restraint protects one or more of its legitimate business interests, the restraint will only be enforced provided it does not go beyond what is adequate in the circumstances to protect the particular interest. There are a number of factors that are likely to be relevant when determining reasonableness, ie whether the covenant is no wider than reasonably necessary to protect the employer's legitimate interests. Importantly, the question of reasonableness will be assessed based on the position at the time the restriction was entered into (see para

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