Restraints of trade will be strictly interpreted against employer

Restraints of trade will be strictly interpreted and against the party seeking to enforce them
“Earlier in this judgment I have concluded that the restraint imposed upon Ms Peck by the first limb is an unreasonable restraint, because it prevents her from being employed in a position in which confidential information acquired by her during her employment with JGL would be irrelevant to a new employer. This reasoning applies equally to the 50 brands/entities listed in the second limb. The restraint prevents Ms Peck from being engaged in ‘any activity… for or on behalf of any of the entities operating the brands listed in Annexure A’. Properly construed, this restraint would prevent Ms Peck from taking up employment in a role where confidential information acquired by her during the course of her employment with JGL would be of no relevance to a new employer. So construed, the second limb is an unreasonable restraint of trade and is unenforceable.”
Just Group Limited v Peck (2016) VSC 614 delivered 17 October 2016 per McDonald J