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South Africa decisions
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Trysome Auto Electrical Engineering (Pty) Ltd v Mashaba and Another (38700/2022) [2022] ZAGPPHC 779 (7 October 2022)
The High Court enforced a restraint of trade against a former employee who was found to be rendering prohibited services to a customer of his former employer.
Lucas Dysel Crouse Incorporated v Commission for Conciliation, Mediation and Arbitration and Others (C784/2018) [2021] ZALCCT 3 (19 February 2021)
The court found that the arbitrator conflated the practice of voluntary disclosure among employees with the existence of a workplace rule, and failed to appreciate the seriousness of the breach of confidentiality and the impact of excessive non-work computer usage on performance. The arbitrator's findings on the absence of workplace standards and the lack of comparative evidence were unreasonable. The court held that the third respondent was guilty of the first and third charges but not the second, and that her dismissal was substantively fair. The applicant's late filing was condoned due to…
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Magongwa v East London Industrial Development Zone (SOC) Ltd (EL466/15 ; ECD: 866/15) [2020] ZAECELLC 8 (28 May 2020)
The court found that the withdrawal of delegated powers from the plaintiff was a temporary and limited measure, intended to address a cash flow crisis and improve operational efficiency. The evidence did not support the plaintiff's contention that she was stripped of her duties or that the withdrawal was directed at her alone. The CEO retained the authority to delegate and withdraw functions as necessary, and the plaintiff continued to perform her duties during the relevant period. The court held that there was no repudiation of the employment contract, as the defendant's conduct did not obje…
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Traka Africa (Pty) Limited v AMaya Industries and Another (2015/2082) [2016] ZAGPJHC 24 (18 February 2016)
The High Court granted interdicts enforcing confidentiality obligations after finding a former employee had copied and disclosed confidential business information to a competitor.
Netcare Hospitals (Pty) Ltd v KPMG Services (Pty) Ltd and Another (47505/2013) [2014] ZAGPJHC 186; [2014] 4 All SA 241 (GJ) (22 August 2014)
The court found that Netcare failed to establish a prima facie right to bar KPMG from acting for the Competition Commission. The contractual relationship between Netcare and KPMG expressly permitted KPMG to act for conflicting parties and did not create a restraint of trade or a fiduciary duty beyond confidentiality. The only surviving duty was to keep Netcare's confidential information confidential, and Netcare did not prove any breach or real risk of disclosure. The South African law does not extend barring out relief to professionals other than solicitors except in exceptional cases, and t…
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Bootes v Eagles Systems Kwazulu-Natal Ltd (D781/05) [2007] ZALC 185 (31 August 2007)
The Labour Court held that Bootes’s dismissal was automatically unfair because it was motivated by his HIV status, not misconduct.
Bootes v Eagle Ink Systems KwaZulu-Natal (Pty) Limited (D781/05) [2007] ZALC 52; (2008) 29 ILJ 139 (LC) (17 August 2007)
The Labour Court found Bootes’s dismissal was automatically unfair because it was really based on his HIV status, not misconduct.
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