Results for restraint policy

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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

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 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

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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