The LC granted an application, which was based on various undertakings, relating to information acquired by an employee during employment but who resigned and joined a competitor of the applicant.  Given that various undertakings were provided it may be instructive to see the type of orders being granted by the LC in these matters.

Odifin Life (Pty) Ltd v J (J2015/2016) [2016] ZALCJHB 378 (22 September 2016) per Tlhotlhalemaje J.

Restraining order example

1      X is interdicted and restrained from divulging to any outside third party, including Z, any of the secret and confidential information and proprietary interests of Y and from making any use thereof.

2     X is interdicted and restrained from, during or at any time prior to [insert date] and anywhere in the Republic of South Africa, either himself or as an agent (for gain or otherwise), or as an employee of any other person or entity, persuade, entice, solicit, engage or procure any employee of Y to:

  • Become employed by or interested in any manner in any business directly or indirectly in competition with the business carried on by Y;
  • Furnish any information or advice acquired by X as a result of the employment with Y to anyone else that results or is likely to result in any employee of Y being solicited or becoming employed by or directly or indirectly interested in any manner in any business entity; and
  • Solicit, interfere with or entice or endeavour to entice away from Y, any person or entity who is, or which during the period of any past or future employment of X was a customer or was accustomed to dealing with Y

3     X is interdicted and restrained from, during or at any time prior to [insert date] and anywhere in the Republic of South Africa directly or indirectly, including personally or in any business in which he/she is an interested person of sufficient stature to make hiring decisions, for any purpose or in any place, employ any person employed by Y, or retained by Y as a consultant, on [insert date] or during the preceding 12 months

4     X and Z will not for a period of 12 months until [insert date], do any business with Y’s clients that has the effect of switching policies written by or on behalf of X in favour of Z.