In Henderson v. Slavkin et al., 2022 ONSC 2964 Justice Carole Brown dealt with the legality of an ESA Termination Clause. The actual termination clause itself was found to be OK, but both the confidentiality clause and the conflict of interest clause had the following sentence.
protecting their business interests by restricting what an employee can do during, and/or after, employment. These clauses usually pertain to matters such as confidential information and customer data.
To discourage the disclosure of details of settlements to third parties, confidentiality provisions are often included in settlement agreements between an employer and a former employee.