Commentary

(6) Attempts to circumvent repudiation

Division AII Contract of Employment
| Commentary

(6) Attempts to circumvent repudiation

| Commentary

(6)     Attempts to circumvent repudiation

Employers have, perhaps not unsurprisingly, sought to circumvent the automatic effect of a repudiatory breach by providing in employment contacts that restrictive covenants will remain enforceable irrespective of the circumstances in which the termination of employment takes place. For some time there was some uncertainty as to the effect the inclusion of such clauses would have, but it is now settled that such words have no effect at all.

To start with, the courts declined to enforce restrictive covenants containing such provisions. The Outer House of the Court of Session in Living Design refused an interdict

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