Court dismisses company's attempt to enforce unsigned restraint against former regional manager.
An ex-regional manager who left his former employer to join a competitor has won a legal victory after the Northern Cape High Court ruled that he was free to join the rival company.
The High Court in Kimberley dismissed an application by Generator and Plant Hire SA (Pty) Ltd to stop its former regional manager, Theunis Johannes Hall, from working for rival company Rental Resources (Pty) Ltd.
The court found that the company had failed to prove that an enforceable restraint of trade agreement ever came into existence, despite arguing that one should be implied from the employment relationship.
The company had asked the court to prohibit Hall from competing in the Northern Cape for 24 months after leaving its employment. It also sought an order preventing him from soliciting its customers, recruiting its employees, or using confidential business information. In addition, it wanted Hall to return and permanently delete company documents and electronic data allegedly in his possession.
