Laser Junction (Pty) Ltd v Fick (6970/2017)
Laser Junction (Pty) Ltd v Fick (6970/2017) [2017] ZAKZDHC 36; (2017) 38 ILJ 2675 (KZD) (28 September 2017)
The court found that the restraint of trade agreement relied upon by the applicant was not transferrable under section 197 of the Labour Relations Act, as it did not constitute a contract of employment and was manifestly unfavourable to the respondent. The evidence established that the respondent signed a new contract of employment with the applicant in 2013, which did not include a restraint clause, and that his subsequent promotion rendered any prior restraint agreement inapplicable. The applicant failed to prove the existence of protectable proprietary interests, such as confidential infor…
Source excerpt
- Restraint Of Trade
- Section 197 Transfer
- Contractual Reasonableness
- Public Policy In Employment
- Protectable Interests
- Constitutional Rights In Employment