Tag archives: restraint of trade

Historical knowledge insufficient to enforce an anticipatory breach of restraint of trade

By Verushka Reddy on April 5, 2023 Posted in General

This blog was co-authored by: Muhammad Mirza, Trainee Associate On 20 February 2023, the Labour Court found that historical knowledge and information obtained by an employee during her employment with her former employer, did not constitute trade secrets or a protectable interest. The former employee (employee) was therefore free to work for the applicant’s competitor. … Continue reading

Enforcement of a restraint of trade agreement fails for lack of proof of a protectable interest

By Zaid Majiet on December 12, 2022 Posted in General

This blog was co-authored by Felix Le Roux, Candidate Attorney On 8 November 2022, the Labour Court dismissed an urgent application by an employer, a national gym organisation, in which it sought to enforce the terms of a restraint of trade agreement against their former national sales manager who took up employment with their main … Continue reading