Legal Question in Business Law in South Africa

Restraint of trade.

I have signed my employment contract in Cape Town but have reallocated to Johannesburg to a franchise.

So my question is does the rules regarding to Restraint of trade still apply as I not signed a new work contract in Johannesburg?

Thanks, regards.


Asked on 3/08/12, 4:31 am

1 Answer from Attorneys
Melcom Smit Smit and Associates

You agreed not to enter the same/similar trade under your employment agreement. Unless the agreement expressly states otherwise, you are restricted from entering the same/similar trade notwithstanding if their is an employment contract or not or even if you are self-employed.

Perhaps ask your former employer for consent and waiver of the restraint.

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Answered on 3/09/12, 4:40 am


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