confidential information Archives

Restraint agreement enforced: Potential impending harm

by GilesFiles | Feb 23, 2024 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Topics | 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,...

Restraint principles explained: Competing interests weighed

by GilesFiles | Oct 24, 2023 | 2020 onwards, Costs, Courts, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Review tests, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 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,...

Restraint agreement enforced: 24 months reasonable

by GilesFiles | Aug 17, 2023 | 2020 onwards, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Logistics, Objective - correctness, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Review tests, Rules Codes & Manual, Sectors, Selected judges, Topics | 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,...

Defamation claim allowed: Substantial damages awarded

by GilesFiles | Jul 21, 2023 | 2020 onwards, Costs, Courts, High Court, High Court judges, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 0 |

KAB v Numsa Why was trade union member awarded substantial damages after defamation claim allowed relating to disclosure of HIV status? “[39] The Plaintiff claimed an amount of R1 000 000-00 from all three (3) Defendants....

Breaching restraint agreement: Order enforced

by GilesFiles | Apr 19, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Free and fair, Granted, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Management, Markets in SA, Molatelo Robert Makhura, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, Statutes (LRL 2)-work, Statutory, Topics, Urgency | 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,...

Infringing protectable interests: Undertakings recorded

by GilesFiles | Nov 17, 2022 | 2020 onwards, 2020 onwards, Applications, Costs, Courts, Declaratory, Evidence & onus, Granted, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Landmark judgments, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Risks, Rules Codes & Manual, Sean Snyman, Sectors, Specific performance, Statutes (LRL 2)-work, Topics, Urgency | 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,...

Trade restraint duration: 24 months reasonable?

by GilesFiles | Nov 9, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Hospitality, Insights, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Management, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Public policy, Resolving disputes (LRL 3), Restraints, Review tests, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 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,...

Restraint agreement disputed: Intellectual property?

by GilesFiles | Sep 2, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, H Rabkin-Naicker, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Roman Dutch law, Sectors, Statutes (LRL 2)-work, Topics | 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,...

Unenforceable trade restraint: Individual freedom?

by GilesFiles | Aug 12, 2022 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Consumer protection, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Finance, Free and fair, Insights, Interdicts & rules, Judges, Labour Court, Labour Court judges, Labour Relations, LC Rules, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Markets in SA, MPN Nkutha-Nkontwana, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics, Urgency | 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,...

Protectable interests considered: Restraints and novation

by GilesFiles | Dec 3, 2021 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Restraints, Sectors, Topics, Urgency | 0 |

Heritage Financial Consultants (Pty) Ltd v Ramborosa What restraints need to be agreed regarding protectable interests and confidentiality to ensure that they are considered for a restraint order? “44 But this does not...

Breaching restraint confidentiality: Anton Piller

by GilesFiles | Nov 29, 2021 | 2020 onwards, Anton Piller, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Evidence & onus, High Court, High Court judges, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Manufacturing, Orders, Parties, Personal services, Private enterprises, Refused, Rules Codes & Manual, Sectors, Special pleas, Topics, Trade | 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,...

Confidentiality claim considered: Discovery and fairness

by GilesFiles | Jan 14, 2021 | 2020 onwards, Applications, Courts, Evidence & onus, Government, High Court, High Court judges, Judges, Legal Practice, Municipal, Parties, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Topics, Uniform HC | 0 |

Erasmus NO v MEC for Health, NC Province High court considered confidentiality claim and exercised a discretion not to order disclosure after considering the consequences of ordering discovery of information regarding the...

Tag: confidential information