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South Africa decisions
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Cooper Environmental (Pty) Ltd v Kuhn and Another (J851/24: 2024/105220) [2024] ZALCJHB 400 (18 October 2024)
The Labour Court enforced a moderated restraint of trade against a former sales representative, finding protectable interests in confidential information and trade connections.
Roha SA Ingredients (Pty) Ltd v Gerhardt and Another (J853/2024) [2024] ZALCJHB 414 (17 October 2024)
The court found that the first respondent breached the restraint by joining Nicola-J, which, although primarily focused on flavours and fragrances, does compete with Roha in the colourant market to a limited extent. However, Roha failed to establish a protectable interest in confidential information or customer connections relevant to the South African market, as the respondent's work at Roha was outside South Africa and the alleged confidential information lacked sufficient particularity and economic value. The respondent's version was accepted under the Plascon-Evans test. Even if a protect…
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Commercial Mobile Truck and Trailer Alignment Services Pty Ltd v Harmse (2024/007833) [2024] ZAGPPHC 772 (29 July 2024)
The High Court enforced a restraint of trade against a former operations manager, finding the employer had a protectable interest in goodwill and client connections.
Venter and Others v Twenty Four Motors CC ta Ford Ermelo (JA34/2024) [2024] ZALAC 32 (28 June 2024)
The Labour Appeal Court set aside enforcement of restraint of trade agreements, finding no proven protectable interest in the employer’s second-hand vehicle business.
Torrente and Another v Grant Monaghan and Associates Incorporated (JA 45/23 & JA 25/23) [2024] ZALAC 3; (2024) 45 ILJ 798 (LAC) (23 January 2024)
The Labour Appeal Court held that the respondent had established a legitimate protectable interest in its patient and employee connections, as evidenced by the appellant's conduct in soliciting patients and employees while still employed. The Court found the restraint clause reasonable, as it was limited to one year and a 27 km radius, balancing the respondent's interests with the appellant's constitutional right to trade. The factual findings of the court a quo were accepted, and the appellant's arguments regarding the absence of a protectable interest were rejected. The appeal was dismissed…
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Heintzmann Traffic Accommodation (Pty) Ltd and Another v Van Oudtshoorn and Others (J743/2023) [2023] ZALCJHB 196 (30 June 2023)
The court found that the respondents, as senior employees, had access to confidential information and trade connections with the applicants' clients. The respondents approached clients and retained confidential information after termination, breaching their restraint and confidentiality undertakings. However, the territorial scope of the restraint in the contracts was unreasonably broad, effectively barring the respondents from conducting business nationally. The court balanced the applicants' proprietary interests against the respondents' constitutional rights and found that a reduced restra…
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Vumatel (Pty) Ltd v Majra and Others (J2400/18) [2018] ZALCJHB 335; (2018) 39 ILJ 2771 (LC) (9 October 2018)
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…
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Talisman Hire Bloemfontain (Pty) Ltd v Van Niekerk and Another (2608/2016) [2016] ZAFSHC 133 (18 August 2016)
High Court enforced a restraint of trade against a former employee, finding the clause sufficiently certain and the employer’s trade connections protectable.
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