In Hernandez v Vodafone Ireland Limited [2013] 24 ELR 194, the employment contract provided a restriction preventing the employee from working for any business or commercial activity in Ireland which competed with the Defendant’s business for six months following the termination of his employment. The employee was offered employment with a competitor (O2). In a somewhat unusual arrangement, Vodafone and O2 agreed that the Plaintiff could be released from his contractual obligations earlier than as provided by six month contract but only on condition that the Plaintiff could not take up employment for three months. 

The Plaintiff initiated interlocutory proceedings seeking to restrain Vodafone from preventing him from commencing his new employment without delay. This was on the basis