Page 51 - Q&A 2019/2020
P. 51
Should the court find in favour of the employer and uphold the restraint of trade,
the employee will not be able to take up the employment as it would be in
breach of the court order. Likewise, for the potential employer wishing to appoint
the employee, there could be risk in being interdicted by the ex-employer if he/
she can prove the relevant elements for unlawful competition.
It would therefore be important for your company to have your attorneys assess
the restraint of trade and determine whether the previous employer would be
Commercial decide to employ him. Then at least you can make an informed decision on the
able to enforce it and consider the potential risks for your company, should you
way forward.
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