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non compete agreement in contract?

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  • 20-09-2021 2:17pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Started working in hospitality a while ago, my contract has a non compete clause baring me from working for others in the same industry for a period of 12 months after I leave the current company.

    I'm just curious how common is this type of clause is especially in the hospitality industry and more importantly how enforceable it is especially when we are talking about low skill minimum wage employees?



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    #2
    ButtersSuki
    Registered Users Posts: 53,028 ✭✭✭✭ButtersSuki


    It's common in a lot of jobs but I've never seen it in the hospitality sector - it does look really strange tbh. If you were in Senior Management perhaps I could see that it would be important, but you've indicated you're not, so I'm struggling to see why this is necessary. It's technically enforceable, but I'd wonder would someone in the hospitality sector go to the trouble and expense to take action on this.

    Talk to your colleagues, see what they say. Do you have a union or a representative body you can talk to?



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    #3
    manonboard
    Registered Users Posts: 1,102 ✭✭✭manonboard


    Ive seen it before. It's usually not enforced, and is mostly there to keep people from spreading company secrets if poached or if there is a bad leaving dynamic... eg: stealing client details/names/price list.

    It can be a little concerning, but unless you are actually planning to cause damage to the company. They would never bother with the expense of enforcing it legally.. (unless you are stealing secrets/info and using it).



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    #4
    Wabbit Ears
    Registered Users Posts: 3,043 ✭✭✭Wabbit Ears


    Its in no way enforceable and no company would waste the time and cost in chasing it (unless it was very specific skills or knowledge which would result in market share shifts).



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    #5
    ELM327
    Registered Users Posts: 21,458 ✭✭✭✭ELM327


    Completely unenforceable.



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    #6
    Heart Break Kid
    Registered Users Posts: 834 ✭✭✭Heart Break Kid


    Common in commercially sensitive roles but unless you're sharing confidentiality information you'll be fine. If they do want to enforce it, demand pay for 12 months.



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    #7
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Some details for you

    https://employmentrightsireland.com/restrictive-covenants-non-compete-clauses-in-contracts-of-employment-what-you-need-to-know/

    and some case history

    https://employmentrightsireland.com/3-takeaways-from-the-ryanair-v-peter-bellew-high-court-case/

    In your case it is 100% not enforceable for your position and industry



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