Facts
The dispute opposes [A. AG], a personnel placement and leasing company, to [B.], an employee who worked for [A. AG] as a personnel consultant. B.'s employment contract contained a non-competition and non-solicitation clause, which prohibited him from working for a competing company for 24 months after the end of his contract. [B.] resigned from his position on 31 August 2001 and was dismissed by [A. AG] on 11 September 2001. [A. AG] brought an action to enforce the non-competition and non-solicitation clause and to obtain a 6-month salary indemnity.
The cantonal court partially upheld A. AG's request, but [B.] appealed to the Federal Court. The Federal Court rejected B.'s appeal and confirmed the cantonal court's decision.
Considerations
The Federal Court examined the validity of the non-competition and non-solicitation clause under articles 340 ss CO. It considered that the non-competition clause was valid, as it was limited in time and space, and did not infringe on B.'s economic freedom.
The Federal Court also examined the question of whether the non-solicitation clause was valid. It considered that the non-solicitation clause was a restriction on B.'s economic freedom, but that it was justified by A. AG's legitimate interests. It also considered that the non-solicitation clause did not…