In two recent judgements, the Polish Supreme Court has presented a broad interpretation of the non-compete clause after the termination of employment. The Supreme Court held that the non-compete clause binding an employee does not have to refer only to employment with his/her former employer’s direct competitors. In the Supreme Court’s opinion, the possibility of applying managerial know-how gained during employment at the former employer at a new workplace alone will suffice to infringe a non-compete clause. In the case in dispute, the former and the new employers were trading partners and according to the Supreme Court, the employee had the opportunity to use sensitive information obtained whilst employed at his former employer in relation to commercial negotiations between his former and new employer.
Supreme Court Judgement dated 8 January 2014 (I PK 146/13)
Supreme Court Judgement dated 22 November 2012 (I PK 159/12
For further information or to discuss any of the issues raised, please contact Jaroslaw Bieronski, on +48 22 608 70 52 or mobile phone: +48 602 105 255 at Soltysinski Kawecki & Szlezak - www.skslegal.pl.
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