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

The case came about after the ex-employee started working as the head of engineering for a subsidiary of MoneyHero Limited - MoneySmart's rival.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.

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. MoneySmart argued that its non-compete clause protected legitimate proprietary interests, and was reasonable as it is limited in scope of activity, geographical area and time.

But he countered that the non-compete clause was too wide in scope and hence unenforceable, and that it did not protect any legitimate proprietary interest. MoneySmart failed to reveal the"acrimonious circumstances" under which he had resigned - particularly that he was effectively asked to resign, said Mr Musienko.The judge found that MoneySmart had not made a case that the non-compete clause can protect legitimate proprietary interest.

Source: Law Daily Report (lawdailyreport.net)

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