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South Africa decisions
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Future Packaging and Machinery (Pty) Ltd v Polti and Others (2025/034079) [2025] ZALCJHB 322 (14 July 2025)
The Labour Court enforced a restraint of trade and confidentiality agreement against a former senior employee, but limited the restraint to two years from suspension.
MSA Outsourcing Solutions (Pty) Ltd v Strydom and Others (J850/2024) [2025] ZALCJHB 196 (22 May 2025)
The Labour Court dismissed an urgent restraint-enforcement application, finding the respondents were low-level employees with no proved access to protectable confidential information or customer connections.
Eazi Access Rental (Pty) Ltd v Suleman and Another (2025/009793) [2025] ZALCJHB 192 (12 May 2025)
The Court found that the Applicant established a protectable interest in its confidential information and customer connections, which the First Respondent had access to during his employment. The First Respondent's employment with the Second Respondent, a direct competitor, created a reasonable apprehension of harm to the Applicant's business interests. The restraint of trade agreement was reasonable in duration (12 months) and geographical scope (South Africa), and the First Respondent did not discharge the onus to prove unreasonableness or that enforcement would be contrary to public policy…
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Communication Genetics (Pty) Ltd v Schonenberger and Another (025959/2025) [2025] ZAGPJHC 338 (2 April 2025)
The court found that the applicant had established a clear right to enforce the restraint of trade clause, which was reasonable in duration and geographic scope. The respondent's denial of involvement with Opia Tech was implausible given the evidence of email addresses, communications from suppliers, and conference attendance. The respondent's refusal to provide an undertaking and his stated intention to seek employment in the same industry further supported the inference of breach. The applicant's interests in confidential information and customer connections were protectable, and the restra…
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Waco Africa (Pty) Ltd v Ahmed and Others (2024/109219) [2024] ZALCJHB 505 (11 December 2024)
The court found that the applicant and Battalions are direct competitors and that the respondent, Mr Ahmed, had longstanding customer connections and access to confidential information during his employment with the applicant. The respondent's undertakings did not adequately protect the applicant's interests, as his continued employment with a competitor posed a real risk of exploitation of customer relationships and disclosure of confidential information. The court held that the restraint of trade agreement was valid, reasonable, and enforceable, but that the restraint period should run from…
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Altron Nexus (Pty) Ltd v Fowler and Another (2024/112022) [2024] ZALCJHB 507 (6 December 2024)
The Labour Court dismissed Altron Nexus’s bid to enforce a 12-month restraint against a sales representative, finding selective non-enforcement made enforcement unreasonable.
Sobralia Beleggings (Pty) Ltd t/a ACDC Express Port Elizabeth and Another v Human and Another (4202/2024) [2024] ZAECQBHC 83 (3 December 2024)
The court found that the applicants failed to establish a protectable interest in the form of customer/trade connections or confidential information that would justify enforcement of the restraint of trade. The evidence did not show that the first respondent had built relationships with customers sufficient to induce them to follow him to a competitor, nor that he had access to confidential information capable of being exploited. The urgency claimed by the applicants was largely self-created due to their delay in bringing the application, and the truncated time periods imposed on the responde…
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SA Ranger Forces Security Division CC v Wannenburg and Another (J326/24) [2024] ZALCJHB 424 (5 November 2024)
The Labour Court dismissed an application to enforce a restraint of trade, finding the respondent's customer connections predated employment and were not materially enhanced.
Compendium Group Investment Holdings (Pty) Ltd and Another and Crofts and Others (D223/2024) [2024] ZALCD 18 (9 July 2024)
Labour Court case on enforcement of a non-solicitation restraint. The application was dismissed after the court found no active solicitation, no enforceable customer connections, and res judicata in part.
Demari Tools and Supplies (Pty)Ltd v Abiel and Another (J 1600/23) [2024] ZALCJHB 126 (23 February 2024)
The Labour Court dismissed an urgent application to enforce a restraint of trade, finding no protectable interest in confidential information or customer connections.
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