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ARTICLE · 20 JUNE 2013

Employee Seeks Court Order In Relation To Post-Termination Restrictive Covenant

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

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A discussion on the case of Octavio Hernandez v Vodafone Ireland Limited.

IrelandEmployment and HR
Melanie Crowley
Melanie Crowley
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The decision in question came in the case of Octavio Hernandez v Vodafone Ireland Limited [2013 IEHC 70].

Mr. Hernandez worked for Vodafone from October 2005 until January 2013. His contract of employment contained three provisions which ultimately became the subject of his application for declaratory relief, as follows:

  1. 9.3 You shall not, without prior written consent of Vodafone, within 6 months after the termination of your employment with Vodafone howsoever caused, directly or indirectly and whether alone or with any other person, either as principal, shareholder, director, employee, agent, consultant or otherwise, work or be engaged or interested in...any business or commercial activity in Ireland which competes or conflicts (or is likely to compete or conflict) with any business interest or commercial activity of Vodafone.

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