My brother is a hairstylist and his previous employment contract stated that he cannot work with a competitor within 10km of the ex-company. Is this legally binding?

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    LegalHelp

    answered on 29/12/2016

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    Whether a restrictive covenant is binding is dependent on a large number of factors, with some of the most important being the length of time, geographical area, and scope of activities limited. At the end of the day, the restrictive covenant may be enforceable where it is legitimately for the protection of an interest, and where it is reasonable given the circumstances. Where the restrictive covenant does not have a set time limit, the court may either strike down the covenant as unreasonable, or potentially impose a time limitation that is deemed to be reasonable in the circumstances.

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