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South Africa decisions
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Turbo Direct SA (PTY) Ltd v Lipnicki (004236/2021) [2022] ZAGPJHC 563 (15 August 2022)
The High Court enforced an 18-month restraint of trade against a former sales employee who joined a competitor and contacted the applicant’s customers.
CGIS Refrigeration Group (Pty) Ltd v Gericke and Another (J905/21) [2021] ZALCJHB 311 (22 September 2021)
The Labour Court enforced a restraint of trade against a former manager, rejected rectification, and reduced the restraint period from 18 months to 8 months.
Van Antwerp and Another v Chimusaru (17952/2016) [2017] ZAGPJHC 87 (16 March 2017)
The High Court partly enforced a restraint of trade, limiting a former glass repair technician from automotive glass work for a competitor in the restrained area until expiry.
Johannes Van Veijeren t/a Van Veijeren & Partners v Kruger (12634/2015) [2016] ZAKZPHC 62 (24 June 2016)
The court found that the applicant had a well-established practice and that the respondent, as both a sonographer and practice manager, had access to confidential information and customer connections deserving protection. The respondent's relationships with patients and referring doctors were forged during her employment and were proprietary to the applicant. The restraint did not unduly restrict the respondent's right to work, as she could practice outside the specified radius. The respondent failed to demonstrate that the restraint was unreasonable or contrary to public policy. The duration…
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Wespoint Trading 91 CC t/a SkinPhd (J967/16) [2016] ZALCJHB 251 (9 June 2016)
The Labour Court upheld a restraint of trade against a former somatologist, finding urgency, a protectable customer connection, breach, and no costs order.
Medtronic (Africa) (Pty) Ltd v Van Wyk and Another; Medtronic (Africa) (Pty) Ltd v Potgieter and Another (J2019/15; J2339/15) [2016] ZALCJHB 71; (2016) 37 ILJ 1165 (LC) (24 February 2016)
The Labour Court enforced restraint of trade clauses against two former Medtronic employees, finding protectable customer connections and confidential information.
Firstrand Bank Limited t/a FNB Insurance Brokers v Prithipal and Another (14495/14) [2015] ZAKZDHC 26 (6 March 2015)
The court dismissed an application to enforce a restraint of trade, finding no protectable customer connection and holding that public policy favored the first respondent’s right to work.
Salon Body Therapy CC v Mbaxa (86343/14) [2014] ZAGPPHC 993 (19 December 2014)
The court held that the respondent was bound by the terms of the employment contract, including the restraint of trade, despite the absence of written confirmation of the successful probationary period. However, the restraint could not be enforced in its full rigour, as the applicant failed to show a protectable interest justifying such enforcement and had tacitly consented to the respondent operating her business, provided she did not solicit the applicant's customers. The court found that only a limited restraint, preventing solicitation of customers previously served by the respondent for…
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Videx Wire Products (Pty) Ltd v Cronje and Another (JS2338/14) [2014] ZALCJHB 409 (13 October 2014)
The court found that the restraint agreement clearly limited its operation to activities within the borders of South Africa, as indicated by the wording of clause 13.5. The applicant failed to establish a sufficient basis for extending the restraint to Zimbabwean operations. Regarding South African operations, the applicant demonstrated a protectable interest in customer connections, and the restraint was not unreasonable given the first respondent's seniority and the duration agreed. The balance of interests favoured upholding the restraint for the remainder of the two-year period, as it did…
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Mustek Ltd v Van Westhuizen and Another (J2262/14) [2014] ZALCJHB 410 (13 October 2014)
The Labour Court enforced a restraint of trade against a former Mustek branch manager who joined a competitor, finding protectable confidential information and customer connections.
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