Tag ArchivesRestraint of Trade Agreement
restraint of trade

Transfer of a business – what about restraint of trade agreements?

Under the common law, Contracts of Employment did not automatically transfer to the new Employer once the Business was transferred or sold as a going concern. Section 197 of the Labour Relations Act (“the Act) changed this and provides for the automatic transfer of Employment Contracts to the new Employer, should the Business be sold […]

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restraint of trade

Understanding Restraint of Trade Agreements

A Restraint of Trade agreement is included in the majority of employment contracts in South Africa, yet most parties only enquire about the enforceability of clause at the conclusion of the period of employment. It is of crucial that all parties have a full understanding of the clause and its potentially far-reaching implications. This presents […]

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