BARRETT and ORS v ECCO PERSONNEL PTY LTD [1998] NSWCA 30
Solicitation under a non-solicitation clause is not negated simply because the client made the initial approach; subsequent actions by the former employee, such as submitting proposals and presentations, can constitute solicitation, breaching the contract.
Source-derived case information.
- Parties
- Appellant: Barrett; Appellant: Elizabeth Kulevska; Appellant: Parramatta Personnel Pty Ltd; Respondent: Ecco Personnel Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 24 November 1998
- Procedural Posture
- Appeal / Judgment of the Court of Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Restraint of Trade, Non Solicitation Clauses, Interpretation of Employment Contracts
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barrett
Appellant
Elizabeth Kulevska
Appellant
Parramatta Personnel Pty Ltd
Appellant
Ecco Personnel Pty Ltd
Respondent
Procedural Posture
Appeal / Judgment of the Court of Appeal
Legal Issues
- 1 Whether the appellant breached the contract of employment by soliciting a client when the initial approach was made by the client
- 2 Interpretation of 'solicit' within a non-solicitation clause in an employment contract
- 3 Whether the fact that the client made the first approach negates solicitation under the contract
Ratio Decidendi
Solicitation under a non-solicitation clause is not negated simply because the client made the initial approach; subsequent actions by the former employee, such as submitting proposals and presentations, can constitute solicitation, breaching the contract.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
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