In the case ZP Services Limited (the "Plaintiff") vs. Gennaro Lanza (the "Defendant") (collectively "the Parties") Honourable Judge Christian Falzon Scerri delved into and examined certain clauses which were included in the employment contract (the "Contract") which regulated the employment of the Defendant with the Plaintiff company. The case was decided on the 19 September 2022, before the First Hall Civil Court (the "Court").
Post-termination of such contract, the Court was tasked with determining whether (i) the Defendant was in breach of certain provisions which had previously been included in the said Contract and (ii) whether such provisions were to be considered unreasonable and hence unenforceable.
The Court proceeded to examine such provisions by referring to the Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta) (the "Employment Act") and the Civil Code (Chapter 16 of the Laws of Malta) (the "Civil Code").
The facts of the case are as follows: On the 10 August 2016, the Parties entered into an employment contract which stipulated that the Parties were entering into such Contract for a period of two (2) years. Clause 6 of the Contract stated that for one year following the termination of Contract, the Defendant could not negotiate or attempt to negotiate with persons who (i) at the date of termination of were either clients or (service providers) of the Plaintiff or (ii) were clients or service providers of the Plaintiff within the last...
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