12 Apr, 2024

Non-competition clause and temporary breach

12 Apr, 2024

Does the temporary breach of a non-competition clause entail the loss of payment of the financial compensation for the future?

Mr. [E] was hired as a technical sales manager by TP Plus on March 10, 2006.
The employment contract included a non-competition clause.
The employee resigned on January 11, 2018.

TP Plus noted a breach by its former employee of the non-competition clause in view of his new activity, and brought an action before the labour court seeking to prohibit the employee from competing with it and to obtain payment of various sums in application of the non-competition clause.
The employee sought payment of the financial consideration for the non-competition clause.