Legal Principle: Any agreement in restraint of trade, whether partial or total, is void.
Factual Situation: Mr. A joins Prima Info Corp Ltd. in June 2012 under an employment agreement for three years. One of the clauses of the agreement stipulates that the employee shall not join any other rival corporation for a period of three years. However, in the month of December 2012, Mr. A is found guilty of sexually harassing Ms. B, who is also an employee at Prima Info. The management of Prima Info terminates Mr. A’s employment for violation of the Office Conduct and Protection against Sexual Harassment guidelines. He subsequently sought a job with Bona Systems Corp Ltd. However, Prima Info came to know of Mr. A’s intention to join Bona Systems and sued him for an injunction in court citing the employment agreement.
Decide whether Mr. A would be able to secure his job opportunity?
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