Musket Ltd v Roux and Another (3687/11) [2012] ZAECPEHC 5 (31 January 2012)

Musket Ltd v Roux and Another (3687/11) [2012] ZAECPEHC 5 (31 January 2012)

The court found that the effective date of the First Respondent's resignation was 12 February 2011, following the three-month notice period, as previously accepted by both parties and confirmed by Alkema J. The restraint of trade was valid and enforceable until 12 February 2012. The First Respondent's employment with the Second Respondent, a competitor, before the expiry of the restraint period constituted a breach of the restraint and contempt of the previous court order. The court was not persuaded by the First Respondent's claim of bona fide belief or legal advice, finding no evidence to support her assertion. The Applicant proved beyond reasonable doubt that the First Respondent acted...

Citation
[2012] ZAECPEHC 5
Parties
Applicant: Mustek Limited; Respondent: Matilda Marie Roux; Respondent: Benefit IT Services (Pty) Ltd t/a Metro Computer Services
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
31 January 2012
Case Number
3687/11
Procedural Posture
Urgent Application / Contempt of Court Application Following Breach of Restraint Order
Outcome
Application succeeds. First Respondent found guilty of contempt of court.
Judges
Mageza AJ
Legal Topics
Restraint of Trade, Contempt of Court, Employment Termination, Notice Period, Contractual Interpretation
Civil Procedure Commercial and Corporate Restraint of Trade Contempt of Court Employment Termination Notice Period Contractual Interpretation

Case Brief

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Parties

Mustek Limited

Applicant

Matilda Marie Roux

Respondent

Benefit IT Services (Pty) Ltd t/a Metro Computer Services

Respondent

Procedural Posture

Urgent Application / Contempt of Court Application Following Breach of Restraint Order

Legal Issues

  1. 1 Whether the First Respondent's employment termination date was 11 November 2010 or 12 February 2011 for purposes of the restraint period.
  2. 2 Whether the First Respondent breached the restraint of trade and was in contempt of the previous court order.
  3. 3 Whether the Second Respondent is a competitor of the Applicant within the meaning of the restraint clause.

Ratio Decidendi

The court found that the effective date of the First Respondent's resignation was 12 February 2011, following the three-month notice period, as previously accepted by both parties and confirmed by Alkema J. The restraint of trade was valid and enforceable until 12 February 2012. The First Respondent's employment with the Second Respondent, a competitor, before the expiry of the restraint period constituted a breach of the restraint and contempt of the previous court order. The court was not persuaded by the First Respondent's claim of bona fide belief or legal advice, finding no evidence to support her assertion. The Applicant proved beyond reasonable doubt that the First Respondent acted...

Court Disposition

Application succeeds. First Respondent found guilty of contempt of court.

Orders

  • First Respondent is directed to pay a fine of R1,000.00 by no later than 15 February 2012.
  • In the event of non-payment of the fine, First Respondent is to undergo ten days imprisonment.