Assignment task:
Elizabeth is an experienced chef, who has been operating a boutique restaurant for several years. She employs a new cook on the basis that the new employee must sign a contract that he will not leave employment with Elizabeth before a period of five years' employment. In the event of leaving employment, the employee is not permitted to compete or work in an area within 10 kilometres of Elizabeth's business.
Elizabeth shares some of the 'secrets of the kitchen' with the employee, which includes information on the ingredients of her famous dishes, plus the techniques of producing such fine food.
After some two years working for Elizabeth, the employee declares that he wishes to leave his employment. Elizabeth, upset at losing such a skilled employee, agrees that the employee can leave. However, within two days Elizabeth discovers the employee is in fact working with a competitor restaurant who is advertising some of the same dishes that Elizabeth's restaurant is so famous for.
REQUIRED:
1. What rights does Elizabeth have to prevent the worker from working for someone else?
2. Illustrate your answer by making reference to relevant cases and legal principles. Do not refer to legislation or Chinese Law.