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South Africa Case Law

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Labour Law [2023] ZALAC 17

Beedle v Slo-Jo Innovations Hub (Pty) Ltd (JA21/23; JA37/22)

Beedle v Slo-Jo Innovations Hub (Pty) Ltd (JA21/23; JA37/22) [2023] ZALAC 17 (17 August 2023)

Court
Labour Appeal Court
Case number
JA21/23; JA37/22
Judges
Waglay, Davis, Smith

The Labour Appeal Court held that the appellant's employment contract, including the restraint of trade clause, remained in force after the internal restructuring and transfer to the respondent. The evidence showed that the appellant's terms and conditions of employment were unchanged, and section 197 of the Labour Relations Act applied, resulting in automatic substitution of the employer. The restraint of trade clause was found to be reasonable in scope, duration, and geographic application, given the appellant's access to confidential information, trade secrets, and key customer relationshi…

Source excerpt

  • Restraint Of Trade
  • Transfer Of Business As Going Concern
  • Section 197 Lra
  • Confidential Information
  • Public Policy
  • Duration Of Restraint
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Labour Law [2023] ZALAC 14

Sadan and Another v Workforce Staffing (Pty) Ltd (JA38/23 ; JA88/23)

Sadan and Another v Workforce Staffing (Pty) Ltd (JA38/23 ; JA88/23) [2023] ZALAC 14 (17 August 2023)

Court
Labour Appeal Court
Case number
JA38/23 ; JA88/23
Judges
Waglay, Davis, Smith

The Labour Appeal Court held that the restraint of trade agreements, as drafted, apply throughout the Republic of South Africa and prohibit the appellants from taking up employment with competitors anywhere in the country. While the respondent established a proprietary interest worthy of protection, the two-year duration of the restraint, in conjunction with its national territorial scope, was found to be manifestly onerous and disproportionate. The respondent failed to provide compelling justification for the two-year period, and the court found that a one-year restraint would sufficiently p…

Source excerpt

  • Restraint Of Trade
  • Employment Contracts
  • Public Policy
  • Constitutional Rights
  • Territorial Scope
  • Duration Of Restraint
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Labour Law [2023] ZALAC 24

Beedle v Slo-Jo Innovations Hub (Pty) Ltd (JA21/23)

Beedle v Slo-Jo Innovations Hub (Pty) Ltd (JA21/23) [2023] ZALAC 24; (2023) 44 ILJ 2493 (LAC) (17 August 2023)

Court
Labour Appeal Court
Case number
JA21/23
Judges
Waglay, Davis, Smith

The Labour Appeal Court held that the appellant's employment contract, including the restraint of trade clause, was transferred to the respondent by operation of law under section 197 of the Labour Relations Act during the internal restructuring. The appellant continued to enjoy the same terms and conditions of employment, and there was no evidence of a new contract or change in employment relationship. The restraint of trade clause was found to be reasonable in scope, duration, and territory, given the appellant's access to confidential information, trade secrets, and key customer and suppli…

Source excerpt

  • Restraint Of Trade
  • Section 197 Transfer
  • Employment Contract
  • Protectable Interest
  • Duration Of Restraint
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.