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Singapore illegalityexpress terms

Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart

[2012] 4 SLR 308
JurisdictionSingapore
CourtSingapore High Court
Year2012
StatusBinding authority

Summary

Restrictive covenants in employment contracts are enforceable where reasonable in scope, duration, and geography and protect legitimate proprietary interests such as trade secrets or customer connections.

Key Principle

The SGHC upheld restrictive covenants in employment contracts where they are reasonable in scope, duration, and geographical area, and protect a legitimate proprietary interest such as trade secrets or customer connections.

Area of Law

employment

Related Cases

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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