Is the non-competition clause enforceable


Question 1: Betty is a dance instructor who was hired by DGM Dance Studio. She signed a non-competition clause which did not allow her to teach at another dance studio within a 10 km radius of her employer's business for one year after leaving employment. She was also restricted from owning, or operating a dance studio within the same 10 km radius of the employer's business. She quit within two months and opened a dance studio one block away (less than half a km) from her former employer. Is the non-competition clause enforceable? Discuss.

Question 2: Melissa works as a manager in a clothing store in Ottawa. Her days are long - she works between 50 and 60 hours per week. Melissa has many responsibilities as she does everything - hiring, firing, preparing shift schedules, serving customers, working the cash register, etc. She is paid an annual salary. At the time she was hired, Melissa knew that she would not be paid for overtime but now she does not think this is fair. Melissa is seeking advice from you. Based on your knowledge of employment law, is Melissa entitled to receive overtime pay in these circumstances? Explain why or why not.

Question 3: Identify the factors that a court considers in determining reasonable notice when an employer dismisses an employee without just cause? Explain how these factors impact the reasonable notice that the court will award.

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