Servest (Pty) Ltd t/a Servest Cleaning v Oelschig and Another (J4213/2018) [2019] ZALCJHB 14 (22 January 2019)

Servest (Pty) Ltd t/a Servest Cleaning v Oelschig and Another (J4213/2018) [2019] ZALCJHB 14 (22 January 2019)

The court found that the first respondent had breached his restraint of trade and confidentiality undertakings by soliciting business from a client of the applicant, Kansai Plascon South Africa (Pty) Ltd, after joining a competitor. The agreements between the applicant and Kansai Plascon established that the applicant had a legitimate proprietary interest to protect. The undertakings were reasonable in scope and duration, and the applicant was entitled to an interdict restraining the first respondent from soliciting its clients and using confidential information for twelve months from 3 September 2018. The court further held that the first respondent should bear the costs of the...

Citation
[2019] ZALCJHB 14
Parties
Applicant: Servest (Pty) Ltd t/a Servest Cleaning; Respondent: Oelschig Paul Arnold; Respondent: Bidvest Services (Pty) Ltd t/a Bidvest Prestige
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
22 January 2019
Case Number
J4213/2018
Procedural Posture
Urgent Application / Final Order After Opposed Urgent Application
Outcome
Application granted. The first respondent is interdicted and restrained for twelve months from soliciting the applicant's clients and using confidential information. Costs awarded against the first respondent.
Judges
Tlhotlhalemaje
Legal Topics
Restraint of Trade, Confidential Information, Interdict, Employment Contract, Costs Order
Labour Law Commercial and Corporate Restraint of Trade Confidential Information Interdict Employment Contract Costs Order

Case Brief

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Parties

Servest (Pty) Ltd t/a Servest Cleaning

Applicant

Oelschig Paul Arnold

Respondent

Bidvest Services (Pty) Ltd t/a Bidvest Prestige

Respondent

Procedural Posture

Urgent Application / Final Order After Opposed Urgent Application

Legal Issues

  1. 1 Whether the first respondent breached the restraint of trade and confidentiality undertakings in his employment contract.
  2. 2 Whether the applicant is entitled to an interdict restraining the first respondent from soliciting its clients and using confidential information.
  3. 3 Which party should bear the costs of the application.

Ratio Decidendi

The court found that the first respondent had breached his restraint of trade and confidentiality undertakings by soliciting business from a client of the applicant, Kansai Plascon South Africa (Pty) Ltd, after joining a competitor. The agreements between the applicant and Kansai Plascon established that the applicant had a legitimate proprietary interest to protect. The undertakings were reasonable in scope and duration, and the applicant was entitled to an interdict restraining the first respondent from soliciting its clients and using confidential information for twelve months from 3 September 2018. The court further held that the first respondent should bear the costs of the...

Court Disposition

Application granted. The first respondent is interdicted and restrained for twelve months from soliciting the applicant's clients and using confidential information. Costs awarded against the first respondent.

Orders

  • This application is heard as one of urgency in terms of Rule 8 of the Rules of this Court.
  • For a period of twelve months from 3 September 2018 and throughout the Republic of South Africa, the first respondent is interdicted and restrained from persuading, inducing, soliciting, encouraging or procuring any current or prospective clients of the applicant to be enticed away from the applicant or its business.