Can a restrictive covenant entered into in Ireland cover an ex employee who goes to work in Northern Ireland or another jurisdiction?Posted in : First Tuesday Q&A ROI on 7 June 2011 Issues covered:
A restrictive covenant which seeks to restrict an employee from working in Northern Ireland or another jurisdiction may be upheld by an Irish court. However, this will very much depend on the circumstances and the particular wording of the covenant in question. The Irish courts scrutinise these covenants very closely in determining whether or not they are enforceable and in particular a covenant will only be upheld if it is determined that the employer has a legitimate business interest to protect and if the duration, geographical scope and the nature of the activities restricted are deemed to be reasonable.
Account would also be taken of the position of the individual employee whom it is
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Back to Q&A's This article is correct at 02/09/2015
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