Trade secrets Archives

Protecting legitimate interests: Restraining former employee

by GilesFiles | May 2, 2025 | 2020 onwards, AB - Law generally, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Legal Practice, Legislation, Management, Markets in SA, Orders, Parties, Personal Information, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, Risks, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Legitimate protectable interest: Enforcing restraint?

by GilesFiles | Jan 29, 2025 | 2020 onwards, AB1 - Fairness principle or concept, Appeals, Appeals - leave, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Evidence & onus, Free and fair, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Management, Manufacturing, Markets in SA, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Retired judges, Review tests, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB - Law generally, AB1 - Fairness principle or concept, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Unreasonable restraint enforcement: Protecting proprietary interest?

by GilesFiles | Dec 8, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Declaratory, Finance, H Rabkin-Naicker, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Sectors, Selected judges, Termination (LRL 8), Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

General body of information: Proving proprietary interest?

by GilesFiles | Oct 16, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, HC Uniform, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 197 - transfers, LRA 1995, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics, Trade restraints, Transport & communication | 0 |

Avis Southern Africa (Pty) Ltd v Porteous When does restraint agreement survive business transfer and how is general body of information determined for purposes of affording protection? “[99] I am mindful of the fact that...

Protectable interests confirmed: Restraint and unfair competition

by GilesFiles | Sep 1, 2023 | 2020 onwards, AB - Law generally, Applications, Balancing interests, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Granted, High Court, High Court judges, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Risks, Sectors, Topics, Trade restraints, Urgency | 0 |

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

Restraint agreement enforced: 24 months reasonable

by GilesFiles | Aug 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, Balancing interests, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, LRA 197 - transfers, Objective - correctness, Orders, Parties, Private enterprises, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Restraint provision enforced: Public policy issues

by GilesFiles | May 10, 2023 | 2020 onwards, Applications, Causes and defences, Consistency element, Contractual breach, Costs, Courts, Declaratory, H Rabkin-Naicker, Hospitality, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Breaching restraint agreement: Order enforced

by GilesFiles | Apr 19, 2023 | 2020 onwards, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Management, Markets in SA, MPN Nkutha-Nkontwana, MR Makhura, Orders, Parties, Personal services, Private enterprises, Protectable interests, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Trade restraints, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Protectable interests considered: Exclude competition?

by GilesFiles | Feb 20, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 07: 112-184 Dispute, LRA 1995, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Refused, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trade restraint duration: 24 months reasonable?

by GilesFiles | Nov 9, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Disputes: factual, Evidence & onus, Hospitality, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Management, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Public policy, Review tests, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Protected interest considered: Restraint covenant?

by GilesFiles | Nov 8, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Tag: Trade secrets