(a) Advise A/C Limited about Harry's actions.
(b) Advise A/C Limited whether Vinny can bring a successful claim in relation to the reference and his subsequent resignation.
l. A/C Limited is an accountancy rm based in Point Fortin. Harry is employed as a senior accountant at NC Limited, specializing in tax advice for nancial technology (FinTech) start-ups. He has worked there since 1 September 2011. Harry's employment contract includes the following clauses: '13.2 The Employee covenants with the Company that he will not, save with the prior written consent of the Company, during normal hours of work, devote any time to any business other than the business of the Company or to any public or charitable duty or endeavor, directly or indirectly, either alone or with or on behalf of any person, firm, company or entity and whether on his own account or as principal, partner, shareholder, director, employee, consultant or in any other capacity whatsoever. 13.3 The Employee covenants with the Company that he will not, save with the prior written consent of the Company, directly or indirectly, for 12 months following the Termination Date be engaged or concerned in any business supplying accountancy, tax and other similar services within a radius of 100 miles of the Point F ortin Borough Corporation either alone or with or on behalf of any person, rm, company or entity and whether on his own account or as principal, partner, shareholder, director, employee, consultant or in any other capacity whatsoever.' Since September 2014, Harry has become increasingly frustrated by his lack of career prospects at NC Limited. He started his own accountancy consultancy business, working after ofce hours and at weekends. His client base grew rapidly, and he was approached by Gupto Limited to work for it as a partner. Gupto Limited is based in Penal, within 30 miles of Point Fortin. It is the only competitor of NC Limited in providing tax advice to FinTech start- ups. Delighted with more attractive remuneration and a promotion, Harry resigned from A/C Limited two weeks ago and is now working at Gupto Limited. Vinny had been working for NC Limited for seven years, but in November 2018, he decided that it was necessary for family reasons to move to Guyana, so he applied for a job there. A/C Limited agreed to provide a reference for him. However, the reference stated that there had been nine complaints against him. Vinny was aware of three of these complaints, which had been determined to be unfounded, but was unaware of the others. The reference said nothing about his character nor his ability to do his job. Vinny had been offered the job in Guyana subject to his reference, but the offer was withdrawn when the reference was received. Vinny has now resigned from his position with A/C
