The Citizen reports that the High Court in Pretoria has ruled that a health and safety training company has the right to enforce a 12-month restraint of trade agreement against a former star employee and the rival company she joined on resigning.
The court confirmed an earlier ruling interdicting a former sales executive at Action Training Academy (ATA), Marelize Coetzee, from remaining in the employ of rival company Absolute Health Services (AHS) without the consent of ATA’s director. Coetzee was also interdicted from using or disclosing any of her former employer’s confidential information at any time. Coetzee, who had won the salesperson of the year award in 2016, left ATA in July last year. When ATA discovered, by chance, that Coetzee had started working for a new rival company, they sought an undertaking that she would not breach the restraint of trade agreement she had signed and would stop working for AHS, but she refused. She claimed ATA had repudiated their contract of employment and could no longer rely on the “unreasonable” confidentiality undertaking. But the judge found that Coetzee had signed the restraint of trade agreement and must honour undertaking she had made.
- Read this report by Ilse de Lange in full at The Citizen
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