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Jack and Jill Cyrell own a wine processing and distribution business called Cyrells Wines. The business operates from leased premises in the Hunter Valley known as The Cellar Door. The Cellar Door bottles and sells a variety of wine products direct to the public over the counter and online. The business employs Mrs Vicki Trust who works on the front counter of the cellar door two (2) days per week selling wine and spends the balance of the week overseeing the wine processing phase of the business. When she first started with Cyrells, Mrs Trust was put through a lengthy induction program where she learned all about wine processing. Since then, Mrs Trust has, over the years, experimented with her own processing techniques. Cyrells wines Special Reserve Chardonnay has won wine of the year on no less than six (6) occasions since 2012. This is an achievement that no other NSW winery has matched, and Jack and Jill give some credit to Mrs Trusts knowledge and unique approach to the fermentation stage as a major reason for that particular wines success. The Special Reserve Chardonnay sells well both nationally and internationally and for this reason, Cyrell Wines is the envy of many of its competitors. Other Cyrell labels sell nationally but do not generate sales anywhere near those enjoyed by the special reserve label.

When Mrs Trust began working for Cyrells Wines ten (10) years ago, her contract included the following clause:

Clause 12

The employee agrees that she will not for a period of five (5) years after the conclusion of her employment, directly or indirectly and whether solely or jointly with or as a director, shareholder, consultant, manager, agent, servant or otherwise of any person, business, firm or corporation, carry on, or be engaged or interested in any wine making business or organisation that manufactures, produces, imports, sells or otherwise distributes wine product either as a wholesaler or retailer within any Australian state or territory.

The employee acknowledges the above to be a reasonable restraint required to protect the trade connections and confidential information of Cyrells Wines.

Mrs Trust has been approached by a vigneron located in the Barossa Valley in South Australia which also produces and sells wine under its own label. She is being offered a position and salary double that which she is currently being paid, however she is worried that her current employer will try to prevent her from taking up the position on offer in South Australia.

Advise Mrs Trust on whether or not Cyrells Wines can prevent her from working for the South Australian vigneron

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