Rock climber’s non-competition clause unenforceable

A non-competition clause between a rock-climbing instructor and his ex-employer is unenforceable, an Ontario court has ruled
|Canadian Employment Law Today

Chris Mick worked for Boulder City Climbing School from September 2000 to June 2002. Mick and another instructor went to high schools and provided rock-climbing activities to students.

Mick was paid $35,000 in his first year, out of gross revenues of about $670,000. As year two approached, Mick signed a contract for a second year for a salary of $50,000. A clause in the agreement provided that if he was terminated he could not, for 24 months, “be directly or indirectly engaged in any company or firm which is a direct competitor” in Ontario or “be employed by or operate any similar portable climbing business” in the province.

In the second year, David Carter, Boulder City’s owner and sole director, felt Mick wasn’t performing well and took away some of his responsibilities. Mick complained frequently that he wasn’t paid on time.