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Anti nixer clauses

  • 22-04-2008 8:44pm
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    Inspired by this thread.

    Are anti nixer clauses in employment contracts enforceable?

    In our hypothetical example say some one works as an DJ for a Radio station. Would a clause that prohibited them working as an DJ outside of working hours be enforceable?

    Would such a clause amount to restraint of trade?


Comments

  • #2
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    I would have thought they were enforceable if reasonable. Lets say an accountant was doing nixers painting houses - I don't think the clause would be enforceable there. If the nixers consisted of doing accounts say for a client, then yes.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    As Max says. Where the clause is in force in order to maintain the company's reputation or prevent potential conflicts of interest, I think it would be considered reasonable.

    In your scenario, I would imagine that other DJ work would be done under the banner of, "Joe Bloggs from Radio 52fm!", in which case I think any such clause preventing non-approved working out of the station would be more than reasonable.


  • #4
    EdgarAllenPoo
    Registered Users, Registered Users 2 Posts: 2,686 ✭✭✭EdgarAllenPoo


    I know CIE contracts have a clause in them that says drivers can't take outside jobs driving taxis,hackneys or limo/hire cars because that's in direct competition with the company.

    Seems unfair to me (from the standpoint that if your wages aren't paying the bills you have to do what you have to do) but I doubt that once an employee signs their contract that they'd have a leg to stand on if the company found them driving a taxi on their day off.


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