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Question: ‘It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer. This is so even where the contractual relationship ends following a fundamental breach.’

Critically evaluate the above statement.

Answer: If an ex-employer wishes to ensure there is no disclosure or abuse of any sensitive information by an ex-employee, he could either rely on a “garden leave” clause, the implied duty of fidelity (1) & the equitable concept of breach of confidence, or have agreed a restrictive covenant whereby an express term in the employment contract stipulates a restraint on future activities....(short extract)

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  • Subject: Law
  • Course: Employment Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 69%
  • Words: 5529
  • Date submitted: February 03, 2009
  • Date written: April, 2005
  • References: Yes
  • Document type: Essay*
  • Essay ID: 579

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