South Africa Case Law

Slo Jo Innovation (PTY) Ltd v Beedle and Another (J 737/22)

Slo Jo Innovation (PTY) Ltd v Beedle and Another (J 737/22) [2022] ZALCJHB 310; (2023) 44 ILJ 854 (LC) (9 November 2022)

Court

Labour Court Johannesburg

Case number

J 737/22

Judge

Prinsloo

The court found that the applicant had a legitimate proprietary interest in confidential information and customer/supplier connections acquired by Ms Beedle during her employment. The restraint of trade and confidentiality clauses were valid and reasonable, both in scope and duration, given the national presence of the applicant's business and the long product development cycles. Ms Beedle failed to discharge the onus of proving that the restraint was unreasonable or that she lacked access to confidential information. Her arguments regarding public knowledge of recipes and lack of exclusive r…

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• Restraint Of Trade
• Confidential Information
• Enforcement Of Contractual Terms
• Protectable Proprietary Interest
• Balance Of Convenience
• Costs Award

CTrack South Africa (PTY) v Wright and Another (J736/2022)

CTrack South Africa (PTY) v Wright and Another (J736/2022) [2022] ZALCJHB 190 (29 July 2022)

Court

Labour Court Johannesburg

Case number

J736/2022

Judge

Lagrange

The court found that CTrack and Fleetcam operate in substantially the same market space, and Wright's employment with Fleetcam constitutes a breach of the restraint of trade agreement. Wright possesses knowledge of CTrack's client base and developed trade connections that could be of commercial value to Fleetcam. The court held that CTrack has a protectable interest in its client relationships and confidential information. Wright failed to demonstrate that enforcement of the restraint for one year was unreasonable or contrary to public policy, and did not provide evidence that the geographic…

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• Restraint Of Trade
• Confidential Information
• Employee Poaching
• Enforcement Of Contractual Terms

MEC for the Department of Transport, KwaZulu-Natal v Raubex KZN (Pty) Ltd and Another (6677/2020)

MEC for the Department of Transport, KwaZulu-Natal v Raubex KZN (Pty) Ltd and Another (6677/2020) [2021] ZAKZPHC 77 (8 June 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6677/2020

Judge

Mossop AJ

The court dismissed an application to declare a contractual time-bar unenforceable, finding insufficient facts to show unfairness or public policy grounds.

• Time Limitation Clauses
• Contra Bonos Mores
• Public Policy
• Contractual Fairness
• Enforcement Of Contractual Terms
• Contract-law

Service Parts Logistics (Pty) Ltd v Mshengu (J1768/19)

Service Parts Logistics (Pty) Ltd v Mshengu (J1768/19) [2019] ZALCJHB 242; (2020) 41 ILJ 1762 (LC) (27 September 2019)

Court

Labour Court Johannesburg

Case number

J1768/19

Judge

Prinsloo

The Labour Court enforced a restraint-of-trade settlement framework and ordered the respondent to pay 50% of the applicant’s taxed costs.

• Restraint Of Trade
• Enforcement Of Contractual Terms
• Costs Award
• Settlement Without Merits
• Confidential Information
• Restraint-of-trade

Vumatel (Pty) Ltd v Majra and Others (J2400/18)

Vumatel (Pty) Ltd v Majra and Others (J2400/18) [2018] ZALCJHB 335; (2018) 39 ILJ 2771 (LC) (9 October 2018)

Court

Labour Court Johannesburg

Case number

J2400/18

Judge

S Snyman

The court found that the applicant failed to establish urgency, as the delay in bringing the application was excessive and inadequately explained, amounting to self-created urgency. On the merits, the applicant demonstrated a protectable interest in confidential information but failed to show any ongoing infringement, as the first respondent had ceased association with Motheo before the application was heard. The confidential information had lost its value due to the passage of time and the nature of the industry. No protectable interest in trade connections was established. The applicant thu…

Source excerpt

• Restraint Of Trade
• Urgent Interdict
• Protectable Interest
• Confidential Information
• Trade Connections
• Enforcement Of Contractual Terms

Masscash Proprietary Limited v Luden and Another (J1658-18)

Masscash Proprietary Limited v Luden and Another (J1658-18) [2018] ZALCJHB 204 (21 June 2018)

Court

Labour Court Johannesburg

Case number

J1658-18

Judge

B Whitcher

The Labour Court enforced a restraint of trade in part, reducing its duration to 30 October 2018 and confirming protection of confidential business information.

• Restraint Of Trade
• Confidential Information
• Enforcement Of Contractual Terms
• Restraint-of-trade
• Confidential-information
• Labour-law

Sail Rights Commercialisation (Pty) Ltd v Riba (J2419/15)

Sail Rights Commercialisation (Pty) Ltd v Riba (J2419/15) [2016] ZALCJHB 456 (19 February 2016)

Court

Labour Court Johannesburg

Case number

J2419/15

Judge

Van Niekerk

Labour Court matter on restraint of trade and confidentiality clauses. The application was removed from the roll, with leave to re-enroll if a post-termination breach emerged.

• Restraint Of Trade
• Confidential Information
• Enforcement Of Contractual Terms
• Unfair Dismissal
• Restraint-of-trade
• Confidential-information