Shoprite Checkers (Pty) Ltd v Johnson and Others (C 661/2022)
Shoprite Checkers (Pty) Ltd v Johnson and Others (C 661/2022) [2023] ZALCCT 55; (2023) 44 ILJ 906 (LC) (16 February 2023)
The court found that Johnson's employment with OneCart would technically breach the restraint of trade clause in his Shoprite contract, as OneCart's business falls within the ambit of the restraint by virtue of its role as an agent for Shoprite's competitors in the digital marketplace. However, the court held that the confidential information Johnson was exposed to was largely generic, public-facing, or of limited strategic value to OneCart, and did not outweigh his right to take up new employment. The restraint, while breached, was not reasonable to enforce in the circumstances, as the propr…
Source excerpt
- Restraint Of Trade
- Confidential Information
- Employment Contract
- Ecommerce Competition
- Enforceability Of Restraint
- Balance Of Interests