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South Africa decisions
Decisions matching the current search
Dotsure Limited v Roux and Another (C586/2023) [2023] ZALCCT 65 (7 December 2023)
The Labour Court dismissed Dotsure’s urgent application to enforce a restraint of trade and confidentiality undertakings against a former employee.
Gauteng Boxing Promotors Association and Another v Wysoke (2022/11789) [2022] ZAGPJHC 312 (26 April 2022)
The High Court found a restraint of trade against a former employee unreasonable because it covered all of South Africa and was too broad to justify enforcement.
Compressor Valves and Accessories (Pty) Limited v Thackeray (43240/2019) [2020] ZAGPJHC 116 (30 March 2020)
The High Court found a restraint of trade unenforceable where it was imposed after employment began and signed under duress, and dismissed the application.
Pam Golding Properties (Pty) Ltd v Greef and Another (2018/17635) [2018] ZAGPJHC 140 (18 May 2018)
High Court granted an urgent interdict enforcing a six-month restraint of trade and confidentiality clause against a former estate agent in Bryanston.
Pam Golding Properties (Pty) Ltd v Greef and Another (2018/17635) [2018] ZAGPJHC 433 (18 May 2018)
The High Court enforced a six-month restraint of trade and confidentiality clause against a former estate agent, protecting the employer’s client lists and business information.
Dr DM De Jongh & Associates No. 64 Incorporated v Botha and Another (34071/2017) [2018] ZAGPPHC 570 (13 April 2018)
High Court matter on a medical restraint of trade: the court found a valid proprietary interest, but held the three-year restraint excessive and granted no interdict.
Micah Kitchens CC v Botha and Others (2018/3463) [2018] ZAGPJHC 56 (19 February 2018)
The court held that the restraint of trade covenants did not prohibit mere employment by a competitor, but only competitive conduct by the employee. Micah Kitchens CC failed to establish that any of the employee respondents were competing with it in the field of corporate work through their employment with Alto Kitchens (Pty) Ltd. The applicant also failed to demonstrate a proprietary interest worthy of protection, as the alleged confidential information and customer relationships were either not proven or not protectable. The claims against the fourth and fifth respondents failed as they wer…
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Pam Golding Properties (Pty) Ltd v Neille (26039/17) [2017] ZAGPJHC 219 (28 July 2017)
The court found that the applicant has a protectable interest in its confidential information and customer connections, including its database of sellers and buyers, which are proprietary assets. The respondent admitted to accessing and contacting clients from this database, constituting a breach of the restraint. However, the court held that the restraint as originally formulated was overbroad in duration, given the nature of the residential property market, the short lifespan of customer connections, and the lack of exclusive mandates. The court limited the restraint to three months, findin…
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PB Hairdressing Organisation (Pty) Ltd t/a Carlton Hair International v Vinciguerra and Another (J2948/16) [2017] ZALCJHB 8 (16 January 2017)
The Labour Court dismissed an urgent application to enforce a restraint of trade against a junior hair stylist, finding the restraint unreasonable and against public policy.
Metro Limited and Another v Fenwick and Others (4927/2015) [2016] ZAFSHC 107 (17 June 2016)
The court found that the applicants had established proprietary interests worthy of protection, including trade secrets, customer and supplier connections, and confidential information. The respondents failed to provide substantive answers or countervailing evidence to the allegations, relying instead on bald denials and technical objections that were abandoned. The restraint of trade clauses were found to be valid and reasonable in duration and scope, and the respondents' conduct in setting up a competing business and approaching applicants' customers and suppliers constituted breaches of th…
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