Facts
The employee had been employed by the employer in the position
of Sales Manager since 1 May 2021. The employment contract
contained confidentiality, competition, relationship and penalty
clauses. On 18 May 2021, the employee informed the employer that he
was terminating the employment contract following an offer from X,
a direct competitor of the employer. By letter dated 20 May 2021,
the employer expressed its disappointment with the employee's
termination and called on him to comply with the terms of the
employment contract, including the non-competition clause.
Claims
In summary proceedings, the employer demands that the employee
will be ordered to cease and desist from breaching the
confidentiality, non-competition and relation clauses. In the
counterclaim, the employee claimed, inter alia, the suspension of
the non-competition clause and the restriction of the
non-solicitation clause.