Wespoint Trading 91 CC t/a SkinPhd (J967/16) [2016] ZALCJHB 251 (9 June 2016)

Wespoint Trading 91 CC t/a SkinPhd (J967/16) [2016] ZALCJHB 251 (9 June 2016)

The court found that the matter was urgent due to the limited duration of the restraint and the immediate risk to the applicant's business. The applicant established a protectable interest in its customer connections, as the respondent had formed relationships with approximately 50 regular customers during her employment and subsequently solicited them for her own competing business within the prohibited radius. The respondent's denial of recruitment was rejected on the evidence, including social media communications and her own admissions. The restraint was held to be reasonable and enforceable, as it protected the applicant's legitimate interest without unduly restricting the...

Citation
[2016] ZALCJHB 251
Parties
Applicant: Wespoint Trading 91 CC t/a SkinPhd; Respondent: Annelize Carolynn Smit
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 June 2016
Case Number
J967/16
Procedural Posture
Urgent Application / Final Relief After Opposed Urgent Application
Outcome
Application granted. The respondent is interdicted from working in conflict with clause 9 of the employment contract. No order as to costs.
Judges
Moshoana
Legal Topics
Restraint of Trade, Protectable Interest, Customer Connection, Interdict, Employment Contract
Labour Law Civil Procedure Restraint of Trade Protectable Interest Customer Connection Interdict Employment Contract

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Parties

Wespoint Trading 91 CC t/a SkinPhd

Applicant

Annelize Carolynn Smit

Respondent

Procedural Posture

Urgent Application / Final Relief After Opposed Urgent Application

Legal Issues

  1. 1 Whether the matter is urgent and should be heard on an urgent basis.
  2. 2 Whether the applicant has a protectable interest in customer connections.
  3. 3 Whether the respondent breached the restraint of trade clause in the employment contract.

Ratio Decidendi

The court found that the matter was urgent due to the limited duration of the restraint and the immediate risk to the applicant's business. The applicant established a protectable interest in its customer connections, as the respondent had formed relationships with approximately 50 regular customers during her employment and subsequently solicited them for her own competing business within the prohibited radius. The respondent's denial of recruitment was rejected on the evidence, including social media communications and her own admissions. The restraint was held to be reasonable and enforceable, as it protected the applicant's legitimate interest without unduly restricting the...

Court Disposition

Application granted. The respondent is interdicted from working in conflict with clause 9 of the employment contract. No order as to costs.

Orders

  • The respondent is interdicted from working in conflict with and as contemplated in clause 9 of the employment contract.
  • There is no order as to costs.