A great victory for an ALEBA member!

When an employee leaves a company, they should be able to move on with peace of mind. Yet one of our members found himself facing legal action from his former employer, a Luxembourg company, which was claiming more than €111,000 for an alleged breach of a non-compete clause.

The Labour Court of Liège, Arlon Division, ruled in his favour.

In its judgment, the court recalled that a non-compete clause must be interpreted and applied strictly. In this case, the clause only covered carrying out a similar activity on a personal basis, either as a self-employed person or through one’s own company.

Our member, however, had taken up employment with another company. The fact that he held shares in that company was not enough to turn this employment relationship into a competing personal activity.

The outcome is clear:

• the order to pay was set aside;
• the former employer’s claim was rejected;
• our member will not have to pay the compensation being claimed.

Beyond the impressive amount involved, this decision above all serves as a reminder that a non-compete clause cannot be used to put pressure on an employee or unfairly restrict the continuation of their career.

Congratulations to our member for standing his ground, and to Me Koumba Koumba P. for defending the case.

ALEBA will continue to stand alongside its members whenever their rights need to be defended.