Results for restraint of trade

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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

SME Recruitment: A guide to employment contracts
SME Recruitment: A guide to employment contractsArticle

The employment contract is a critical document that regulates the terms and conditions of employment between the employer and the employee...

Siobhan Zurnamer 27 Jul 2020

South Africa: regulating no-poach agreements during the Covid-19 pandemic
South Africa: regulating no-poach agreements during the Covid-19 pandemicArticle

Employers invest considerable amounts of time and resources into sourcing and upskilling talented human capital; however, they are still exposed to the risk of losing their human capital to competitors. To manage this, certain employers have implemented no-poach agreements or clauses...

Lerisha Naidu and Thato Mkhize 5 Jun 2020

In the age of AI, who owns what?
In the age of AI, who owns what?Article

Artificial Intelligence (AI) experimentation is now prolific across South African companies, with many businesses demonstrating enthusiasm for AI...

Herman van Schalkwyk 23 Mar 2020

Confusion in the prescription of medical negligence claims?
Confusion in the prescription of medical negligence claims?Article

For 10 years it seemed as if the law relating to the commencement of the running of prescription in medical negligence matters was clear and settled. Then, 10 years later, came Links' case, in the Constitutional Court...

John Saner, Issued by LexisNexis 28 May 2019

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

When is a debt not a 'debt'?
When is a debt not a 'debt'?Article

Once upon a time, not too long ago, the word "debt" in the 1969 Prescription Act covered just about any obligation to do anything. However, since 2017, a "debt" has a more constrained meaning...

John Saner, Issued by LexisNexis 21 Feb 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

Who owns your LinkedIn profile?
Who owns your LinkedIn profile?Article

Have you ever considered that your LinkedIn profile (along with your password and connections) could actually belong to your company? I kid you not...

linda graham 2 Aug 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

An annus horribilis for WPP
An annus horribilis for WPPArticle

Last Saturday saw the resignation of advertising titan, Sir Martin Sorrell who's been labelled as "the world's most famous adman." Sam Swaine gives some more insight into why this is truly an annus horribilis for WPP...

Sam Swaine 17 Apr 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

Protecting trade secrets essential for survival
Protecting trade secrets essential for survivalArticle

A survey of over 400 senior executives across five industries, by global law firm Baker McKenzie and Euromoney Institutional Investor Thought Leadership, revealed that 48% thought trade secrets more important than patents and trademarks but only 33% maintain inventories of trade secrets...

4 Jul 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 places conditions on Pakco deal with Rhodes Food
Competition Commission places conditions on Pakco deal with Rhodes FoodArticle

The Competition Commission placed conditions on two food-group-related deals on Tuesday: Belgian confectioner Puratos's acquisition of half of Bidcorp's bakery...

Robert Laing 7 Mar 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

Restraints of trade in sale of business agreements often accepted
Restraints of trade in sale of business agreements often acceptedArticle

As a rule, it is lawful for parties to enter into very limited restraints of trade or non-competition arrangements, when it is necessary to protect the goodwill of a business being sold, provided the restraint clause is reasonably limited...

Albert Aukema and Nazeera Mia 2 Jun 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

Keizers via
Rea Vaya makes taxi men richArticle

Taxi owners are striking it rich through Johannesburg's bus rapid transit system, popularly known as Rea Vaya. The owners of 317 minibus taxis were paid...

8 Mar 2016

The Best of Biz 2015: Legal
The Best of Biz 2015: LegalArticle

We've compiled a #BestofBiz 2015 list for all our industries, from articles with the most views, the most-read contributors to the press offices with the most hits.

15 Dec 2015

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

'Exceptional' new product sales boost Clover
'Exceptional' new product sales boost CloverArticle

Clover Industries (CLR) on Wednesday reported a surge in full-year operating profit as consumers took a liking to its new offerings of yoghurts and custard...

Colleen Goko 16 Sep 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

DLA Piper contributes to global employment law guide
DLA Piper contributes to global employment law guideArticle

DLA Piper's Employment group has produced a global employment law guide entitled, A Global Guide to Restrictive Covenants, which highlights the legal provisions of restrictive covenants in 33 key jurisdictions across the Americas, Asia Pacific, Europe, the Middle East and Africa...

18 May 2015

Juliette Attwell
[BizCareers] Read the fine print of your contractArticle

This week we bring to light that it is imperative to read the fine print of your employment contract...

Juliette Attwell 25 Nov 2014

A case for independent, objective environmental assessment experts
A case for independent, objective environmental assessment expertsArticle

The independence and objectivity of EAPs are crucial factors impacting the quality, efficiency and effectiveness of environmental assessment in South Africa....

SRK Consulting 20 Nov 2014

Netcare is 'seeking to silence KPMG'
Netcare is 'seeking to silence KPMG'Article

Netcare's plan from the outset was to bar KPMG from participating in the Competition Commission's high-stakes market inquiry into the private healthcare sector‚ according to KPMG's counsel‚ Wim Trengove SC.

Ernest Mabuza 23 May 2014

Software development to solve managed care costsArticle

A small team of South African software developers believes they have the solution to solve the high costs of non-healthcare expenditure in the medical schemes industry. At present, according to the latest Council for Medical Schemes' (CMS) annual report, R13.1 billion was spent on such costs last year.

29 Apr 2014

Employer ordered to pay retirement benefit
Employer ordered to pay retirement benefitArticle

The Protea Technology Retirement Fund has been ordered by the Pension Funds Adjudicator to pay a complainant, A Balaes, his retirement benefit which had been withheld on the grounds that he had breached a clause in his contract relating to restraint of trade.

12 Mar 2014

Commission approves sale of Modderfontein property
Commission approves sale of Modderfontein propertyArticle

The sale of the Heartland property by chemicals and explosives company AECI to Chinese property developer Shanghai Zendai has been approved by the Competition Commission‚ but with a condition.

Amanda Visser 29 Jan 2014

Lucinde Rhoodie
Franchisors bewareArticle

It has now been two years since the Consumer Protection Act, No. 68 of 2008, ("the CPA") has come into force and still the impact thereof has not fully been appreciated by franchisors.

Lucinde Rhoodie 2 Oct 2013

New auction boss fills Rael Levitt's shoes
New auction boss fills Rael Levitt's shoesArticle

It is no accident that few people have ever heard of Rayhaan Hassim, the driving force behind Aucor, one of South Africa's biggest auction houses and a ream of other businesses. He is obsessively private. No photographs of him appear on any of his companies websites and he refused to be photographed by Business Times.

Tina Weavind 17 Sep 2013

Franchise agreements - know your rights and roles
Franchise agreements - know your rights and rolesArticle

A proper understanding of the contract is essential for new franchisees - once a contract is signed, or activities commence based on the agreement, both parties are bound to its detail by law.

16 Sep 2013

Gill Moodie
Inevitable that Caxton and I would fall out - Alec HoggArticle

Many in the industry really felt for Alec Hogg in October when he walked away from Moneyweb, the company he built from nothing into a highly respected player in the media industry. Hogg tells Bizcommunity why he's philosophical about the move, what he's doing with his year's restraint of trade and what was so different about the values of majority shareholder Caxton and his own that made it impossible for him to stay on as Moneyweb CEO and board member.

Gill Moodie 6 Dec 2012

Holdsworth to appeal Reunert judgmentArticle

Businessman John Holdsworth will appeal a ruling confirming a restraint of trade agreement‚ upheld by a court last week‚ even though it expires on Thursday‚ he said on Tuesday.

4 Sep 2012

Information on LinkedIn used as proof in court case
Information on LinkedIn used as proof in court caseArticle

The South Gauteng High Court had no hesitation in relying on information posted on an ex-employee's LinkedIn online account in confirming that he indeed fostered a relationship with his previous employer's clients. According to Johan Botes, employment director at business law firm Cliffe Dekker Hofmeyr, the case serves as another reminder of the unintended consequences and perils of posting information on social networking platforms like Facebook, Twitter and LinkedIn.

31 May 2012

Maternity leave for freelancers?
Maternity leave for freelancers?Article

One of the benefits for freelancing mothers or those with their own businesses is the greater likelihood of flexibility to spend time with your children. The downside of this is that there is no such thing as paid maternity leave in a "no-work, no-earn" model. So if you're pregnant or considering having a baby on your freelance income, here's how to try and make it work for you.

Georgina Guedes 3 Mar 2011

Issa Sikiti da Silva
Relief as ‘millionaire' Mpofu exits SABCArticle

Media experts and lobby groups have breathed a sigh of relief as former CEO Dali Mpofu is finally out of the SABC picture - a move, they say, that constitutes one step ahead to start ‘rebuilding' the government-controlled public broadcaster after almost two years of feuding and legal battles.

Issa Sikiti da Silva 17 Aug 2009

Retention contracts vs restraints of tradeArticle

It is in a company's best interests to prioritise proactive staff retention, rather than concentrating efforts exclusively on creating barriers to exit for employees who wish to leave. This is the opinion of Debbie Goodman-Bhyat, MD of Jack Hammer Executive Headhunters.

13 Dec 2007

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