Are restraints of trade abused?

Has your career development been affected by a restraint of trade in your employment contract?

Read this great article by Prof Paul Benjamin that summarizes the reality of such a clause in your contract: "The Labour Court hears an increasing number of applications to enforce restraint of trade agreements. In these cases, employers seek to prevent employees from taking up employment with a competitor because they possess confidential information or access to their customers. There is a growing body of reported and unreported judgments on the topic but very decisions from the Labour Appeal Court. The reason for this is that by the time an appeal can be heard, the period of the restraint is generally over and the issue will have become academic................"

You can read the full article here -

If you have any queries with regards to a restraint of trade, we will highly recommend you find legal advice from Law professionals with experience on this topic.

Monday, 05 December 2016 14:02