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| Big Mudd |
He rolled in, ‘straight from Oakland’, holding a boom box like a US Open trophy.
‘Word up to Hyphy, y’all don’t know me’ he said to me.
I had no idea who he was addressing, nor where he meant by Oakland. My firm’s office was in Tweed Heads, New South Wales, Australia.
At first glance, the man before me looked absurd. His pants were hanging just above his knees. He was wearing a basketball jersey. If anything I could tell that this guy looked rare. But I thought forget it, saying ‘take a seat over there’.
The man swaggered forward and took a seat in the chair in front of my desk; the same chair that had been empty for nine weeks. Making himself right at home, he propped his feet up on the wood finish of my desk. I can still remember the Adidas sneakers on his feet – gold Gazelles.
‘What can I do for you?’ I asked. ‘I was not expecting anyone.’
‘S’aight G. Yo girl out front said things were ice cold wit’chu. The name’s Big Mudd, and I wanted to throw a little somethin’ somethin’ your way.’
Big Mudd’s language was strange, but I managed to follow. He resembled something straight out of a hip hop video from the 1990’s. Yet, with things the way they were, I could not be selective with my clients. So I paid no attention to his feet on my desk, and began my first client interview. ‘It is very nice to meet you Big Mudd’ I said, ‘but how about you tell me your real name and what I can help you with today.’
As it turns out, Big Mudd, had a real legal problem:
The man’s real name was Christopher Watters, and he was the owner of Bust-A-Move Break Dance Studios. Bust-A-Move retains a number of break dance instructors on standard employment contracts. Clause 14 of the employment contract provides:
14. Restraint of Trade
(1) Upon leaving the employ of Bust-A-Move Break Dance Sudios, you agree not to work at another dance studio within:
(a) 50 kilometers;
(b) 20 kilometers;
(c) 10 kilometers
of Bust-A-Move Break Dance Studios for the next:
(d) year;
(e) six months;
(f) three months
(2) Each restraint in this deed (resulting from any combination of the wording in (a)-(c) and (d)-(f)) constitutes a separate and independent provision, severable from the other restraints. If a court of competent jurisdiction decides any such restraint to be unenforceable in whole or in part, the enforceability of the remainder of the restraint will not be affected.
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| Mixmaster Meg |
One of Bust-A-Move’s most popular break dance instructors, Megan Sutherland, also known as Mixmaster Meg, resigned from the studio and took up a position straight away in a competitor break dance studio less than 10 km away, and took many clients with her. Now, as my client, Bust-A-Move Break Dance Studios wanted to stop Ms. Sutherland from breaching clause 14 of her employment contract.
I thanked Big Mudd for his visit and led him out the door. ‘Give me until 4 pm Thursday to prepare you a memorandum of advice. I will contact you if I have any concerns.’
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| Legal Break Dance Battle! |
