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South Africa decisions
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Bosman Adama (Pty) Ltd v Le Roux and Another (C306/2021) [2021] ZALCCT 58 (6 August 2021)
The Labour Court partially enforced a restraint of trade, barring a former employee from soliciting former clients and using protected client information.
Benchmark Signs Incorporated v Muller and Another (J1153/16) [2016] ZALCJHB 238 (7 July 2016)
The Labour Court refused to enforce a three-year nationwide restraint of trade, finding it unreasonable and declining partial enforcement raised too late.
Benchmark Signs Incorporated v Daniel and Another (J1153/16) [2016] ZALCJHB 264 (7 July 2016)
The court found that the restraint of trade clause imposed by the applicant was unreasonable in both its three-year duration and nationwide geographic scope. The applicant failed to lay a proper factual basis for partial enforcement, raising the issue only in reply and without conceding the overbreadth of the restraint. The employee's prior lack of industry experience and the change in the applicant's business model further undermined the justification for such a broad restraint. The pending constructive dismissal dispute before the CCMA was irrelevant to the enforceability of the restraint.…
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Boomerang Trade CC t/a Border Sheet Metals v Groenewald and Another (EL 2300/10, ECD 1938/12) [2012] ZAECELLC 18 (18 September 2012)
The court found that Groenewald was bound by the restraint of trade agreement incorporated into his signed Letter of Appointment, despite his denial of knowledge of the Service Contract. The evidence established that the Respondents were manufacturing and selling water tanks identical to those of the Applicant, in the same geographic area, and to the Applicant's customers. The court rejected Groenewald's denials as unconvincing and found that he had acquired and used proprietary information during his employment. The restraint of trade clause protected legitimate business interests, and its p…
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Hudaco Trading (Pty) Ltd v Green and Another (08/20735) [2008] ZAGPHC 487 (22 October 2008)
The High Court partially enforced a one-year restraint of trade against a former divisional manager, protecting customer connections and confidential information.
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