Kerry, a graduate from the Chemical Engineering program at UNB got a job with a local micro-brewery as a brewer. This job entailed working in the back room formulating and tasting various beers, which were sold on premises and in area restaurants. Kerry signed an employment contract that contained the following clause: The employee agrees that when she leaves the employment of the employer she will not be involved in the brewery business in Fredericton for a 10 year period. Kerry was reluctant to sign the contract with this clause but she was assured that it was necessary as the brewery business in Fredericton is extremely competitive.

If Kerry leaves her job, is this clause enforceable against her? Explain (In your answer clearly set out the factors used by the courts in determining the enforceability of clauses such as this)