The WRC recently determined that a former CEO, chairperson and
founder of a company who had been unfairly dismissed was entitled
to compensation of €440,000, plus a further €24,000 for
failure to give him adequate notice of the dismissal. The fairness
or otherwise of the complainant's dismissal and the failure to
give him notice were not in dispute; the only questions before the
WRC concerned the quantum, or monetary value, of the award. These
issues were complicated by the existence of a 12 month non-compete
clause in the employee's contract and the statutory duty on an
employee who has been dismissed to mitigate their loss.
An unreasonable restrictive covenant?
The complainant was subject to a non-compete clause. This clause
prohibited him from engaging, assisting or being interested in any
business, trade concern or commercial activity competing with,
taking preparatory steps to compete or intending to compete with
his former employer in a
