Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / Octavio Hernandez v Vodafone Ireland Limited [2013]
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Octavio Hernandez v Vodafone Ireland Limited [2013]

Posted In: Case Law
  • Case Reference
    [2013] IEHC 70
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Non-compete Clause

The recent High Court case of Octavio Hernandez v Vodafone Ireland Ltd, [2013] IEHC 70 raises interesting issues in respect of the enforceability of non-compete clauses in employment contracts. This case also develops the law on employment injunctions and whether damages are an adequate remedy for an employee.

The plaintiff successfully applied for an interlocutory injunction to prohibit his former employer, Vodafone Ireland Ltd (“Vodafone”), from restraining him commencing his new employment with its competitor, Telefonica Ireland Ltd (“O2”). This case is unusual in that it was brought by a former employee who is the subject of a non-compete clause, rather than his former employer. 

The

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This article is correct at 26/04/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Susan Battye
LK Shields

The main content of this article was provided by Susan Battye. Contact telephone number is +353 1 661 0866 or email sbattye@lkshields.ie

View all articles by Susan Battye