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COURT-MANDATED RESTRICTIONS ON COMPETITION:
THE EMPLOYEE'S POST-TERMINATION FIDUCIARY DUTY


by : Frederick A. Braman
published in the Competition Law Journal
Volume III, No. 4, 1997


Fred Braman examines the newly codified duty of employees in Quebec to continue to act faithfully and honestly towards their employer for a reasonable time after cessation of employment, even where there is no written restrictive covenant. Despite the vagueness of the duty and the law's failure to affirm the primacy of competition, court-mandated restrictions have demonstrated a correct balance between basic rights of the public, the employer and the employee, as well as the need to check possible abusive behaviour.

For the full-length version of this article, please contact:

Federated Press
Circulation Department
P.O. Box 885
Stock Exchange Tower
Montreal, Quebec
H4Z 1K2

1-800-363-0722