Trade restraints Archives

Suspension pending appeal: Order remaining operative?

by GilesFiles | Aug 19, 2025 | 2020 onwards, Agriculture, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, staying proceedings, TC Gandidze, Topics, Trade restraints, Urgency | 0 |

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Breaching public policy: Post-employment restraint

by GilesFiles | May 19, 2025 | 2020 onwards, AB - Law generally, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), SDJ Wilson, Sectors, Statutes (LRL 2)-work, Statutory, Topics, Trade restraints | 0 |

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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 |

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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 |

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Establishing protectable interest: Onus not discharged

by GilesFiles | Jan 15, 2025 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Public policy, Refused, Sectors, Topics, Trade restraints | 0 |

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Applying for trade restraint: Struck off roll

by GilesFiles | Jan 2, 2025 | 2020 onwards, Causes and defences, Costs, Courts, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Protectable interests, Resolving disputes (LRL 3), Review tests, RGO Lagrange, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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Protecting confidential information: Protectable interests?

by GilesFiles | Dec 3, 2024 | 2020 onwards, AH02a - LC rules current, Applications, Causes and defences, Costs awarded, Courts, Declaratory, Evidence & onus, 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, LRA D: 151-166 LC, Management, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Statutes (LRL 2)-work, Topics, Trade restraints | 0 |

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Restraining competitor confirmed: Interest warranting protection

by GilesFiles | Oct 18, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Risks, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade, Trade restraints | 0 |

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Restraint agreement enforced: Period reduced

by GilesFiles | Oct 18, 2024 | 2020 onwards, AB1 - Fairness principle or concept, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-old, Legal Practice, Legislation, Logistics, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Topics, Trade restraints, Urgency | 0 |

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Agreed restraints enforced: Textual gravitational pull

by GilesFiles | Oct 11, 2024 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Common law, Contractual breach, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Finance, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, LAC judges, LC Rules-new, Legal Practice, Legality principle, Legislation, Management, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Review tests, Rules Codes & Manual, Sectors, Topics, Trade restraints | 0 |

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Unenforceable restraint agreement: Balancing of interests

by GilesFiles | Sep 25, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Insights, Interpretation etc, Judges, Jurisdiction & powers, K Allen-Yaman, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, Logistics, Orders, Parties, Personal Information, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Selected judges, Topics, Trade restraints | 0 |

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Restraint partially enforced: Key principles outlined

by GilesFiles | Sep 17, 2024 | 2020 onwards, AA - Resources generally, Applications, Balancing interests, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), RGO Lagrange, 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,...

Category: Trade restraints