Non-Compete Clause Enforceability in Mutually Agreed Termination with Reciprocal Concessions

The court held that a non-compete clause does not lapse when an employment relationship is terminated by a mutually beneficial agreement with reciprocal concessions, meaning the agreement's validity is not negated simply because the employer initiated the separation, provided the employee also received significant benefits such as extended time for transition and funding for outplacement services. The lower court erred in concluding the clause became void based on the employer's primary interest in the separation; the appellate court found the exit agreement valid and enforceable, ultimately awarding the claimant a conventional penalty of CHF 22,000 for the proven breaches of the non-compete clause related to taking on specific audit mandates, while rejecting other claims.