Archers Edge Equipment CC v Matthysen (J 290/15) [2015] ZALCJHB 86 (10 March 2015) per Steenkamp J.
The applicant sought an order from the Labour Court to enforce a restraint provision in an employment contract against a professional bow hunter. Steenkamp J struck the application from the roll, for lack of urgency, with costs after considering the following requirements:
- Upon termination of employment is there an interest deserving of protection?
- Is such an interest being prejudiced by the other party?
- If so, does the interest weigh qualitatively and quantitatively against the interests of the other party not to be economically inactive and unproductive?
- Is there any aspect of public policy, having nothing to do with the relationship between the parties, that requires the restraint being enforced or not?