Di Gibson

Goldberg Attorneys Labour Law Johannesburg March 2025 February 2025

Di Gibson is a rather "old" Candidate Attorney who completed her LLB degree at the age of 58. She worked for a firm of family law practitioners for ten months and recently ceded her articles to Andrew Goldberg of Goldberg Attorneys Inc. Read a little more about Di here: Do it! (Unisa.ac.za)

Are restraint of trade matters to be dealt with on an urgent basis?

CASE LAW: SLO-JO INNOVATION V CHRISTINE BEEDLE and FLAVOURPRO (Pty) Ltd

I was fortunate to hear this matter being argued at the Labour Court. This case involved an ex-employee of SLO-JO INNOVATION who had signed a restraint of trade ("RoT") agreement stating that she wouldn't work for another beverage company within two years of leaving them. Ms Beedle resigned and joined a competitor, FlavourPro (Pty) Ltd. Slo-Jo sought to have the Labour Court hear this matter on a rather urgent basis as several months had passed since Ms Beedle joined the competitor company and was said to have been giving the proverbial finger to her last employers in terms of the restraint of trade agreement between them. Ms Beedle's counsel argued that the matter was not urgent at all. The Court, therefore, needed to decide on the matter of urgency.

The Honourable Judge referred to case law here (Boomerang Trade CC t/a Border Sheet Metals v Groenewald and another) and stated that, when it comes to RoT matters, there is an inherent level of urgency in that the other party to the RoT stands to suffer a financial loss if these cases follow a slower judicial adjudicative process.

One can only imagine that a substantial portion of the two years may have elapsed by the time the case has come before the Honourable Court.

The Court pronounced judgment in favour of Slo-Jo Innovation, and the Applicant had to cease working for FlavourPro (Pty) Ltd immediately. In a rarity, the Court also awarded 50% of the costs to the Applicant. Ms Beedle could not work for another beverage company until 1 November 2023, when her RoT ended.

The outcome shows the Court's consideration of RoT agreements. It shows how seriously our Courts take RoT agreements and how expeditiously they deal with them.

Such an attitude by the Court will hopefully have the effect that litigants refrain from using the judicial system and its somewhat overburdened state as a tool to avoid compliance by playing for time and dragging the process out, thwarting the very purpose of the RoT itself.

My being given time to be in Court and to listen to counsel arguing their parties' case is one of the benefits I have with my new boss. The way the counsel argued, and their passion in putting their client's submissions across to the Judge substantiated my desire to become an attorney and practice Labour Law. 

CONTACT US:

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Tel: (011) 403-0015 Cell: 083 260 7530

Email: andrew@goldbergs.co.za