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After hiring two employees from its competitor Employsure, HR software company Elmo has won one dispute and lost the other over whether the post-employment restraints in their contracts were reasonable.

The first appeal involved a manager who oversaw Employsure's HR software 'Bright', who resigned in December 2020 after accepting a position with Elmo as a sales manager for its own platform 'Breathe'.

Employsure discovered the manager was due to start work with Elmo the following month, despite his employment contract providing for a three-month notice period, and sought to restrain him from taking up the Elmo position until January this year.

It then commenced proceedings against a business sales partner, who had also resigned and moved to Elmo...