Arbeitsrecht. Weltweit.

Tagged: non-compete

22.09.2017
Freitag

Luxembourg: Unfair competition and duty of loyalty

Luxembourg
On 15 June 2017, the Court of Appeal ruled on distinction between the obligation of an employee bound by a non-compete clause in his/her employment contract, and the duty of loyalty inherent in any employment contract. The facts relate to an “educator assistant manager” employed in a nursery since 2011, who had also been elected as the deputy staff representative. In February 2015, her employer found a number of documents freely accessible on her work computer showing that the employee had been working on a project to set up a new nursery since May 2014, during her working hours and at her place of work: applications for approval to set up a nursery, CVs and covering letters from people interested in working in a nursery, layout plans for a nursery with the address of premises, invoices with references to “nursery conversion”, quotes for various pieces of furniture and accessories for children, photos relating to the atmosphere of the nursery, advertising plans etc. Ganzen Artikel lesen