Abstract:
While the tests for the enforceability of non-competes and non-solicits are trite and established in Singapore and several other common law jurisdictions, the topic continues to generate much interest and unease amongst employers and employees. Various challenges over these clauses continue to be raised in the Singapore courts, most recently involving two well-known tech companies, MoneySmart and Shopee. This article seeks to review and distil several key principles that have arisen since 2018, and explore how these may have an impact on the practical treatment of such clauses in the future.