There will be some cross over of opportunities however I am prepared to provide a list of embargo deals that I will not engage with if the waiver is granted
The clause referenced in my contract is:
17.2 You acknowledge that:-
17.2.1 each of the restrictions in clause 17 goes no further than is necessary to
protect the legitimate business interests of the Company and any
17.2.2 each of the restrictions in clause17 applies regardless of the reason for
the termination of your employment
17.2.3 the Company is entering into this Agreement not only for itself but as
trustee for each Associated Company and with the intention that the
Company and/or any Associated Company will be entitled to seek the
protection of and enforce each of its restrictions directly against you. If
requested to do so by the Company however, you will at any time sign
a document with any such Associated Company evidencing the above
17.3 The provisions contained in Clause 16 and 17.1 shall be for the benefit of the
Company (and, where there is a transfer of the business, the Company’s
successor in title).
17.4 Following the date your employment terminates, you will not:
(a) represent yourself as being in any way connected with the business of
the Company or any Associated Company (except to the extent agreed
by such company);
(b) represent, promote or advertise or refer to your previous connection with
the Company or any Associated Company in such a way as to utilise any
of their goodwill; or
(c) carry on, cause or permit to be carried on any business under or using
any name, trade mark, service mark, style, logo, get-up or image which
is or has been used by the Company or any Associated Company, or
which in the reasonable opinion of the Company, is calculated to cause
confusion with such a name, trade mark, service mark, style, logo, getup
or image or infer a connection with the Company or any Associated
First part of clause 17
17. Restrictions on Competition
17.1 You will not (without the prior written consent of the Company) for the first 12 months after the termination of your employment with the Company (or, if you are required by the Company to take Garden Leave under clause 20 during the Notice Period, then for the first 12 months from the day on which you commence Garden Leave):
17.1.1 for whatever reason either on your own account or on behalf of any other legal person in competition with the Company or any Associated Company directly or indirectly engage nor be concerned with any trade or business carried on by us or any Associated Company at the end of your employment, except with the Company’s express written consent, which will not be unreasonably withheld.
17.1.2 solicit or accept orders for services competitive with the Company from
any clients of the Company or any Associated Company with whom you dealt with within the last twelve (12) months of your employment with the Company (or, if applicable, the last twelve (12) months of your
employment with the Company prior to the day on which you are
required to take Garden Leave).
17.1.3 solicit away from the Company or any Associated Company any person as a director, senior manager or employee for whom you were responsible during the last twelve (12)months of your employment (or, if applicable, the last twelve (12) months of your employment with the Company prior to the day on which you are required to take Garden Leave).
I understand the need for the restriction, but wanted to validate whether under law:
1. Once I tender my voluntary resignation, can I insist on my employer providing me with the waiver as a mandatory requirement prior to my exit?
2. If my employer decides to terminate my employment, do I have a right to request for the waiver and can I insist that this waiver must be provided to me?
Helpful but not quite what I wanted to hear
I guess the only alternative I have is to negotiate the letter for lifting the Non Compete and then hand in my resignation