An Agreement In Restraint Of Trade Is Against Public Policy

In general, the clause should only prevent the worker from managing the activity for which the link was established. For example, if A was employed by Company B to engage in the maize sector, but Company B agreed not to compete with Company B and its related company, Company C, which operates in the furniture sector, the clause may be too broad with respect to the ownership interest to be protected. Similarly, a clause may be too broad if it prevents the worker from handling „any business, no matter what“. This raises the question why, if a person`s ability to move freely in commerce or business is limited by a trade restriction clause that the worker and the employer have duly concluded, this may, in certain circumstances, be considered contrary to public policy. . . .