confidentiality undertakings Archives

Unreasonable restraint enforcement: No protectable interests

by GilesFiles | Jun 28, 2024 | 2020 onwards, AB - Law generally, ABB - Fairness principle or concept, Applications, BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, General, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Kate Savage, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Sectors, Selected judges, Statutes (LRL 2)-work, 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,...

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,...

Enforcing restraint agreement: Crafting narrow restraint

by GilesFiles | Jan 23, 2024 | 2020 onwards, Appeals, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dennis Davis, Disallowed, Finance, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Management, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, 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,...

Unreasonable restraint enforcement: Protecting proprietary interest?

by GilesFiles | Dec 8, 2023 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Declaratory, Finance, H Rabkin-Naicker, Insights, Interdicts & rules, Interpretation etc, Judges, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Management, Orders, Parties, Personal services, Private enterprises, Protectable interests, Refused, Restraints, Sectors, Selected judges, 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,...

General body of information: Proving proprietary interest?

by GilesFiles | Oct 16, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, Logistics, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, Orders, Parties, Private enterprises, Protectable interests, Public policy, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, self-created urgency, Statutes (LRL 2)-work, Topics, Transport & communication, Uniform HC | 0 |

Avis Southern Africa (Pty) Ltd v Porteous When does restraint agreement survive business transfer and how is general body of information determined for purposes of affording protection? “[99] I am mindful of the fact that...

Protectable interests confirmed: Restraint and unfair competition

by GilesFiles | Sep 1, 2023 | 2020 onwards, AB - Law generally, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Delict, Granted, High Court, High Court judges, Hospitality, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Logistics, Management, Orders, Parties, Private enterprises, Protectable interests, Public policy, Restraints, Risks, Sectors, Topics, Urgency | 0 |

Micros SA (Pty) Ltd v AK What role does unlawful competition play when protectable interests are confirmed and former employee is restrained? “[32]. As regards unlawful competition, it is as submitted by Mr Franklin, that...

Public policy considered: Restraint undertaking breached

by GilesFiles | Jul 4, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Free and fair, Granted, Granted, High Court, High Court judges, Insights, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Markets in SA, Orders, Parties, Private enterprises, Protectable interests, Restraints, Rules Codes & Manual, Sectors, Topics, Trade, Uniform HC | 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,...

Hearing rights considered: Abusing court process

by GilesFiles | Jul 3, 2023 | 2020 onwards, Applications, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, ex parte, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Refused, Refused, Roland Sutherland, Rule nisi, Rules Codes & Manual, Sectors, Selected judges, self-created urgency, Statutory, Topics, Urgency | 0 |

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Disclosing medical information: Privacy rights considered

by GilesFiles | Jun 27, 2023 | 2020 onwards, Appeals, Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Dignity equality freedom, Evidence & onus, Government, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Provincial, Rules Codes & Manual, Sectors, State organs, Statutory, Topics | 0 |

MEC: Health Gauteng Province v RS Is confidentiality lost in respect of patient medical information if it is contained in public records? “57. This brings to the fore the question whether confidentiality is lost in...

Restraint provision enforced: Public policy issues

by GilesFiles | May 10, 2023 | 2020 onwards, Applications, Causes and defences, Contractual breach, Costs, Courts, Declaratory, H Rabkin-Naicker, Hospitality, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA D: 151-166 LC, Orders, Parties, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, 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,...

Protectable interests considered: Exclude competition?

by GilesFiles | Feb 20, 2023 | 2020 onwards, André van Niekerk, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Interdicts & rules, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Logistics, LRA 1995, LRA 7: 112-184 Dispute, Manufacturing, Orders, Parties, Private enterprises, Protectable interests, Refused, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, Sectors, Selected judges, 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,...

Unreasonable employment restraint:

by GilesFiles | Nov 8, 2022 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Insights, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, MPN Nkutha-Nkontwana, Orders, Parties, Personal services, Private enterprises, Protectable interests, Resolving disputes (LRL 3), Restraints, Rules Codes & Manual, 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,...

Tag: confidentiality undertakings