QFC 0001/2021, [2021] QIC (F) 13
Samia Abdel Rahim Othman Shqair v Aegis Services LLC
This case involved a declaratory order on the status of a restraint of trade clause in an employment contract by a former employee. The employee had asked to resign and moved to a new employer whose main work differed from the former employer but might have wanted the employee to do ISO work for clients. The employment contract had included a clause with a confidentiality element and a restraint of trade element which would have prevented her from doing ISO work.
Background
The Claimant (Ms Shqair) was a Brazilian national employed in the State of Qatar. The Defendant (Aegis) was a company established within the Qatar Financial Centre and registered as a consultant in the field of International Organization for Standardization (ISO) certification. Ms Shqair was a former employee of Aegis. She sought an order, declaring a restraint clause in the service contract between them, invalid and unenforceable. The Court's jurisdiction was
not contested nor was it that in principle, the court was empowered by Article 10.4.5 of its Rules to grant the declaratory relief sought.