Jay works as an accountant for an accounting firm (Nimble Numbers Pty Ltd) and signed an employment agreement which had a clause which stated the following;

'the employee shall not work as an accountant, financial adviser or auditor within 30km of Nimble Numbers Pty Ltd for a period of three years should he leave the employ of Nimble Numbers.'

Jay wishes to work from home as an accountant which is only 10 km from Nimble number's office.

Advise Jay;

a) If the clause is enforceable by Nimble Numbers Pty Ltd?

b) What factors would a court look at to determine the enforceability of the clause?

c) Would your answer differ if Jay had received legal advice regarding the clause prior to signing the agreement?