Whether a restraint of trade clause is enforceable depends on a number of factors. The courts will consider:

• the interests of the employer, including consideration of the nature, locations and goodwill of the employer’s business and the location of the employer’s clients
• the nature of the work of the employee being restrained, including the employee’s seniority and the nature of the employee’s role and duties, including the level of contact the employee has with clients
• the scope and duration of the restraint, including the time and area proposed to be covered by the restraint
• benefits to the parties from entering the restraint
• the bargaining position of the parties.