今天为大家整理一篇优秀的essay范文-新西兰论文代写：餐饮业务纠纷案例。本文讲述的是餐饮业务在公司业务结构Delish Pty Ltd下的合并是否为Pierre提供了任何保护。现在竞争条款规定皮埃尔不能开餐馆。然而，皮埃尔只是在一个公司结构下开了这家餐厅，这个结构将包括不同形式的业务，而不仅仅是餐厅业务。如需要完整内容的新西兰论文代写范文资料，请联系我们的客服。
He might have contact with some significant customers or if there is some reason the customer enquiries to compliment the chef. Since he is not always in direct contact with the customers of Le Gourmet, there might be no reason to believe he is direct competition. However, it might be possible that the customers might recognize the chef based on his signature dishes, style of cooking etc and this could still pose a threat to Le Gourmet. Fourthly, the court will also check to see if Le Gourmet makes available any form of remuneration or compensation to Pierre in order to apply the restraint. If the employment contract shows any form of compensation, benefit or advance made out to the employee in order to enforce the restraint then the court would accept the restraint (Garmaise, 2011). For enforcing the restraint, the court will have to agree with Le Gourmet. However, such a clause for remuneration and compensation based on restraint is not present. Finally, the duration and geographical restraint will be considered by the court. Where the duration is quite long, then the restriction can be considered unreasonable. While there are no hard and fast rules on what duration are reasonable, courts are known to reduce the duration from 12 months to 6 in some non-competition cases. However, Pierre has yet completed only 5 months under the non-restriction clause. Also in terms of geographical area, the court will consider the size of area. In the case of Just Group Ltd v Peck [2016] VSC 375, the courts found a restraint clause for two years as being too long (George, 2017). Arguments for public interest made in the context of this case, with supporting arguments on the restraint being too long, and encompassing too wide, a geographic area might probably win the case for Pierre.
The second main thing that has to be considered in the application of the clause is whether the incorporation of the restaurant business under company business structure Delish Pty Ltd offers any protection to Pierre. Now the competition clause states that Pierre must not start a restaurant business. However, Pierre only starts the restaurant under a company structure that would include differentiated forms of businesses and not just the restaurant business. Now Delish Pty Ltd is a fledgling business structure, if they can indeed prove that restaurant business is not only their aim, but they would soon incorporate other forms of business establishments under them, then there would be no reason for Le Gourmet to sue Pierre, as Pierre cannot be considered a direct competitor.
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