Category: Competition

Appealing restraint order: Unacceptable grounds

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Wage disparity dispute: Free and fair competition?

Golden Arrow Bus Service (Pty) Ltd v SARPBC (Trade Unions) The dispute indirectly dealt with unfair discrimination and a wage disparity of about 59% in the same occupational level but there was insufficient evidence placed...

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Restraints unintended consequences: Enforceable and lawful?

Value Logistics Ltd v Kuhn Restraints can have unintended consequences and high court found that what distinguishes clause 23 from a covenant in restraint of trade in an employment contract is that the employee, without being a...

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Copyrighting computer program: Disputed authorship

Bergh v Agricultural Research Council Copyrighting computer program and decided that the provision of ‘functional requirements and a periodic review of progress being made in the development of the program and testing it...

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Protectable interests examined: Unrealistic threat?

Truworths Ltd v de Bruyn Protectable interests examined and high court decided that while the skills and experience developed as a buyer while in the employ of Truworths will be of practical benefit to adidas under her new...

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Majoritarianism principle examined: Operational requirements

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Infringing protectable interests: Restraining order granted

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Injurious falsehood elements: Truth knowledge cause loss

Smith v Mountain Oaks Winery (Pty) LtdInjurious falsehood elements listed and considered by SCA and found that the statements were not false and in any event knowledge of falsity had not been alleged nor proved.¬†“The...

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General recollected knowledge: Competition allowed

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Enforcing restraint agreement: Competition and confidentiality

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Restraint against disclosure: Confidential information protected

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