Ball v Bambalela Bolts (Pty) Ltd and Another (JA 23/11) [2013] ZALAC 14; [2013] 9 BLLR 843 (LAC); (2013) 34 ILJ 2821 (LAC) (30 May 2013)

Ball v Bambalela Bolts (Pty) Ltd and Another (JA 23/11) [2013] ZALAC 14; [2013] 9 BLLR 843 (LAC); (2013) 34 ILJ 2821 (LAC) (30 May 2013)

The Labour Appeal Court held that the restraint of trade agreement was reasonable and enforceable, as the appellant had access to confidential information and customer goodwill during her employment with the first respondent. The restraint was limited in duration and geographic scope, and did not prevent the...

Source-derived case information.

Citation
[2013] ZALAC 14
Parties
Appellant: Trevlyn Ball; Respondent: Bambalela Bolts (Pty) Ltd; Respondent: Action Bolt (Pty) Ltd
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
30 May 2013
Case Number
JA 23/11
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment Enforcing Restraint of Trade and Awarding Costs
Outcome
Appeal partially upheld; restraint order confirmed with modifications; costs order set aside.
Judges
P Coppin, B Waglay, L P Tlaletsi
Legal Topics
Restraint of Trade, Confidential Information, Costs in Labour Court, Section 22 Constitution, Enforceability of Contracts
Labour Law Commercial and Corporate Restraint of Trade Confidential Information Costs in Labour Court Section 22 Constitution Enforceability of Contracts

Source-derived case record

Summary, issues, holding and outcome

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Parties

Trevlyn Ball

Appellant

Bambalela Bolts (Pty) Ltd

Respondent

Action Bolt (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment Enforcing Restraint of Trade and Awarding Costs

Legal Issues

  1. 1 Whether the restraint of trade agreement was reasonable and enforceable.
  2. 2 Whether the Labour Court erred in awarding costs against the appellant.
  3. 3 Whether the order requiring the second respondent to terminate the appellant's employment was competent relief.

Ratio Decidendi

The Labour Appeal Court held that the restraint of trade agreement was reasonable and enforceable, as the appellant had access to confidential information and customer goodwill during her employment with the first respondent. The restraint was limited in duration and geographic scope, and did not prevent the appellant from seeking employment in other fields or regions. The court found that the appellant's denial of access to confidential information was not credible, and that the first respondent's interests outweighed those of the appellant. However, the order requiring the second respondent to terminate the appellant's employment was not competent, as it extended beyond the restraint...

Court Disposition

Appeal partially upheld; restraint order confirmed with modifications; costs order set aside.

Orders

  • The rules relating to forms and manner of service are dispensed with and the matter is dealt with as urgent.
  • The first respondent is interdicted and restrained from being employed by, conducting business with, or associating herself directly or indirectly with any supplier, manufacturer or retailer of any products stocked, supplied or sold by Bambalela Bolts during the six months prior to 28 October 2011.