Problem: Employment relations
Part A: In a non-competition clause, a martial arts instructor was restricted from teaching at, owning, or operating a martial arts school within a ten-mile radius of his ER's business for one year after leaving EEmt. The instructor quit within two months and opened a martial arts school half a block from his former ER.
Is the non-competition clause enforceable? Discuss while being sure to include the appropriate principles and tests used by the courts.
Part B: The following clauses were found in Mark's employer's policy handbook, which formed part of his EEmt R:
Termination notice must be in writing from the Executive Director, and professional staff will receive one month's notice ... and/or notice as established by legislation.
This Personnel Code is to be considered a guideline for the minimum expectations of EEmt and benefits obtaining therefrom.
When Mark was terminated without cause, the ER argued that according to the termination clause, it only had to meet the termination requirements of the Employment Standards Act, 2000. Mark sued for wrongful dismissal damages under the common law.
Which party would likely be successful? Explain your answer being sure to include the appropriate legal principles and tests.