Pinnacle Technology Shared Management Services (Pty) Ltd v Venter (J1095/15) [2015] ZALCJHB 199 (14 July 2015) per B Whitcher J.
The Labour Court refused to uphold and enforce a restraint of trade provision in an employment contract even though there were some protectable interests and confidential information and the possibility of loss being caused to the former employer.
In the process of balancing the interests of the parties various factors have to be taken into account, including the absence of any payment to compensate for the loss of income during any period of restraint and the pressure that was applied on the employee to sign the restraint provision that was biased in favour of the employer.