Non-compete clause not 'fair': Court dismisses injunctions against ex-MoneySmart employee who joined rival

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SINGAPORE — The High Court dismissed interim injunctions granted to financial website MoneySmart that prevented a former employee from working for a rival firm, after concluding that the non-compete clause was unreasonable and unfair.

Non-compete clause not 'fair': Court dismisses injunctions against ex-MoneySmart employee who joined rival

In 2022, it launched insurance brand Bubblegum, and hired Mr Musienko to be head of technology in July that year. These included directly or indirectly engaging with any business in Singapore and Hong Kong that provides online financial product comparison services. The company contended that it had built up Mr Musienko's expertise in the fintech field through training, saying he had no prior experience in the fintech industry.

He argued that the non-compete clause was"plainly unreasonable" as it prohibited his participation in online financial product comparison services. That's even though he was not employed in that aspect of the business, and that he was only involved with Bubblegum. Justice Tan said he was unable to accept that MoneySmart had offered training in the “specialised field” of the digital insurance industry to shore up Mr Musienko's expertise to the extent that it can be said to have invested much time and resources in his training.

 

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