代写-Pierre与Le Gourmet雇佣合同的案例分析。在给定的案例研究中，Pierre与Le Gourmet签订了雇佣合同。根据他签署的合同，在他辞职后的一年内，他不能在乐味园方圆100公里内的任何地方开设餐厅。他辞职时是Le Gourmet的主厨。现在，这个条款并没有限制皮埃尔成为Le Gourmet附近的主厨。他在任何地方都可以接受职位，因此他的生计不会受到这一条款的威胁。公共利益得到保护。人们可以到皮埃尔工作的任何地方品尝他提供的产品。然而，限制皮埃尔开设自己的餐厅，可能作为竞争的Le Gourmet，这反过来会导致价格和质量相关的效率可能被拒绝向公众。接下来论文范文代写-Pierre与Le Gourmet雇佣合同的案例分析如下：
In applying the rules of the restraint clause, it has been standard practice for the courts to check for reasonableness of application. Primarily, the court will seek to check whether the clause can stop the individual right to seek or accept work. In the given case study, Pierre has signed an employment contract with Le Gourmet. According to the contract that he has signed, he cannot set up a restaurant business anywhere within the radius of 100km of Le Gourmet for a year after his resignation. He was the head Chef at Le Gourmet when he resigned. Now, the clause does not restrict Pierre from seeking employment as head Chef anywhere near Le Gourmet. He is welcome to accept a position anywhere, and hence his livelihood is not threatened by the clause. The public interests are protected. People can approach wherever Pierre works to taste the product he serves. However, restricting Pierre from opening his own restaurant that could serve as competition to Le Gourmet which would in turn lead to price and quality related efficiencies might be denied to the Public.
The court when applying the restraint of trade clause will then seek to check if the clause gives adequate protection only or if it goes beyond the needed protection for Le Gourmet. This is a direct non-competition clause and it only seeks to provide Le Gourmet with adequate protection for the business, the clients or customers and the business strategies that Le Gourmet might have employed for the year that a potential employee might have been aware of. Therefore, the clause might be considered reasonable by the court.
The court will also check some critical factors when applying the doctrine. Firstly, it will check the negotiation process, and the bargaining positioning of the parties. This check is done to make sure there is no imbalance in power. From the case study, there is reason to believe that Pierre might not have sought legal consultation when bargaining and hence it could be argued on behalf of Pierre that there was a little imbalance when it came to the negotiation and bargaining positions. Thirdly, the nature of the employee business will be considered. In such situation where the employee is in close contact with the customers, then the enforcement of restraint might be considered reasonable, as the employee starting a business will offer competition in the form of brand dilution. People noticing an employee working with one brand might mistake the employee as representing the same brand even if the employee sets up his own business. As head Chef, the work of Pierre will mostly be constricted to the kitchen and sometimes the plating area.
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