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Singapore restraint of tradefidelity fiduciary duty

Smile Inc Dental Surgeons Pte Ltd v Lui Andrew Stewart

[2012] SGCA 39; [2012] 4 SLR 308
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2012
StatusBinding authority

Key Principle

A restrictive covenant in an employment contract is enforceable only if it protects a legitimate proprietary interest and is reasonable in the interests of the parties and the public; the onus is on the employer to draft a reasonable covenant, and covenants unlimited in duration (as here) are an unreasonable restraint of trade and unenforceable, with the discretionary severance approach generally not applied to save over-wide employment covenants.

Area of Law

employment

Related Cases

Leiman, Ricardo v Noble Resources Ltd [2020] 2 SLR 386; [2020] SGCA 52
Singapore Airlines Ltd v Tan Shwu Leng [2001] 3 SLR(R) 439
Kalen, Alexandru v World Exchange Services Pte Ltd [2026] SGHC 31

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