QFC QFC Case No. 002/2015
Chedid & Associates Qatar LLC v Said Bou Ayash
Type
Case
Court
Qatar Financial Centre - Qatar Financial Centre, Civil and Commercial Court, Appellate Division
Jurisdiction
Qatar Financial Centre
Taxonomy
General Contract Law, General Employment & Labour Law
Copyright
LexisNexis
Decision date
3 May 2015
Hearing/Judgment date
3 May 2015
Panel
President Phillips, Dohmann and Scott JJ
Catchwords
Employment – Termination of employment – Consequences of termination of employment – Defendant being employee of claimant QFC company – Employment contract containing restraint of trade and non-competition clause – Defendant resigning position – Defendant taking up work in Doha – Claimant issuing proceedings alleging breach of contractual restrictions on competition and solicitation – Claimant seeking payment of contractual liquidated damages for breach of non-competition clause pursuant to employment contract – Court holding non-competition clause being unreasonable restriction and void – Court finding defendant being justified in avoiding employment contract by reason of unjustified threat – Court determining liquidated damages being nil if defendant having been in breach – Court ordering claimant pay 60% of defendant's costs and awarding interest from date of judgment – Whether Court's analysis of liquidated damages being correct – Whether Court erring in finding employment contract being voidable – Whether Court erring in finding non-competition clause being invalid – Whether award of costs and interest being correct