... and difficult to enforce against ex-employees. Although recent developments have made it easier for employers to protect their interests by allowing the enforcement of a post termination restrictive covenant after the garden leave period has ended (3). However an employer may have difficulty imposing a garden leave clause if there is no specific contractual provision giving him the right to do so (4). The implied duty of fidelity imposes an obligation to provide honest, faithful and loyal service and is implied into every contract of employment (5). This means there is a duty not to expose or abuse confidential information belonging to the employer during employment and even after employment has terminated (1). However, unlike where a contract concerns an existing employee, the implied obligation of an ex-employee is far narrower and will not cover general skills and knowledge acquired in employment, only trade secrets and customer connections and other ...

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