Results for restraint agreement

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Covid-19 takes some oomph out of restraint agreements
Covid-19 takes some oomph out of restraint agreementsArticle

Covid-19 has had a devastating effect on the global economy, and in this context we'll consider the enforceability of a restraint of trade agreement during the pandemic...

Lisa-Anne King 19 Apr 2021

Determining distance in restraint of trade agreements
Determining distance in restraint of trade agreementsArticle

In the case of Trendy Greenies (Pty) Ltd t/a Sorbet George v De Bruyn and others [2020], the Labour Court had to determine the definition of "radius" when used as a method of measuring distance in a restraint of trade agreement...

Jacques van Wyk and Andre van Heerden 9 Feb 2021

Are restraint of trade clauses enforceable if you've been retrenched?
Are restraint of trade clauses enforceable if you've been retrenched?Article

The scramble for jobs has never been more intense, and one significant clause in many an employment contract is frequently causing a few brows to lower...

8 Dec 2020

Are agreements in restraint of trade enforceable?
Are agreements in restraint of trade enforceable?Article

There is a common misconception amongst many members of the public, and indeed the legal profession, that agreements in restraint of trade are invalid and unenforceable. As a matter of fact, and law, nothing could be further from the truth...

John Saner, Issued by LexisNexis 14 May 2019

Tackling the Big Fish
Tackling the Big FishArticle

In Big Catch Fishing Tackle Pty Ltd and Others v Justin Miles Kemp and Others (2019), De Waal AJ dismissed the application instituted for interim relief, with costs against the second to fifth applicants, on the basis that the applicants had not made out a case that they would suffer irreparable harm if the interdict was not granted...

Dean Joffe, overseen by Ashlin Perumall 16 Apr 2019

Risks of the virtual workplace and how to minimise them
Risks of the virtual workplace and how to minimise themArticle

More and more businesses are expanding into a virtual world, which has advantages for employers and employees alike, but challenges and risks too...

Rosalind Davey 7 Mar 2019

Labour Court enforces Vodacom's restraint of trade agreement
Labour Court enforces Vodacom's restraint of trade agreementArticle

The Labour Court has issued an order with the consent of ex-Vodacom employees to enforce their restraints, thereby precluding them from working with MTN SA...

27 Dec 2018

Can you transfer restraint of trade from one employer to another?
Can you transfer restraint of trade from one employer to another?Article

In the High Court judgment of Laser Junction v Karl Leeson Fick, Laser Junction sought to enforce a restraint of trade agreement against Fick, following the his promotion and the transfer of his employment contract from his previous employer...

Motheo Mfikoe 29 May 2018

Can you restrain without a restraint?
Can you restrain without a restraint?Article

The Labour Court in South Africa recently considered whether an employer could restrain its former employees from commencing employment with its competitors, without having an agreed restraint of trade...

Motheo Mfikoe 12 Feb 2018

Economic downturn sparks more restraint cases
Economic downturn sparks more restraint casesArticle

During these tough economic times, employers cannot afford to have their star employees approached by fellow competitors...

Nicholas Preston and Prinoleen Naidoo 14 Aug 2017

Competition Commission can view exclusionary contracts as anticompetitive
Competition Commission can view exclusionary contracts as anticompetitiveArticle

Exclusionary arrangements refer to those contractual provisions, which oblige a customer to obtain all its requirements for a particular product, from a particular supplier exclusively, such as school uniforms...

Maryke Zietsman and Paul Coetser 24 Apr 2017

Dawn loses ‘characterisation' plea at Competition Tribunal
Dawn loses ‘characterisation' plea at Competition TribunalArticle

Despite Dawn Consolidated Holdings' and Sangio Pipe's argument that its conduct should not be characterised as collusive, the Competition Tribunal has found that they engaged in market division...

Duduetsang Mogapi and Lara Granville 19 Apr 2017

Competition Commission slams Imperial's restraint of trade agreement
Competition Commission slams Imperial's restraint of trade agreementArticle

The Competition Commission slammed a restraint of trade agreement that Imperial demanded from the owner-managers of a Free State bus operator it proposes to acquire as "unreasonable, unjustifiable and anti-competitive".

Robert Laing 4 Dec 2016

123RF
Elevating SA digital agencies' specialist skills to world-class levelsArticle

South African brands expect their digital agencies to deliver industry specialist skills that compare favourably to the international market. Getting this right demands closer relationships between brands and agencies...

Andre Steenekamp 19 Oct 2016

'Garden leave' clause permitted in employment contracts
'Garden leave' clause permitted in employment contractsArticle

A 'garden leave' clause forms part of an employee's contract of employment, whereby the employer may elect to relieve the employee from performing his/her duties for the duration of any notice period, on full pay...

Bankey Sono and Toka Moiloa 12 Apr 2016

What you need to know about restraint of trade agreements
What you need to know about restraint of trade agreementsArticle

When you have found a dream job, it can be disconcerting when your new employer presents you with a restraint of trade agreement, as part of the terms and conditions of your employment...

Madelein van der Watt 27 Oct 2015

Understanding Restraint of Trade agreements
Understanding Restraint of Trade agreementsArticle

A Restraint of Trade is a contract, agreed between an employer and employee, which places restrictions on the employee's future activities or employment should he or she decide to leave the business...

Madge Gibson 24 Aug 2015

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