12/06/2026
Labour Appeal Court confirms enforceability of restraints following dismissal
In our alert titled “Does the dismissal of an employee affect a restraint of trade?” dated 7 April 2025, we considered the Labour Court’s decision in Backsports (Pty) Ltd v Motlhanke and Another [2025] ZALCJHB 68 (18 February 2025). In that judgment, the court held that a restraint of trade could not be enforced where an employee was dismissed for misconduct. In effect, the Labour Court found that dismissal resulted in the former employer forfeiting the right to enforce the restraint of trade.
2026/06
By Yvonne Mkefa, Director, Chantell De Gouveia, Associate and Thato Makoaba, Associate at Cliffe Dekker Hofmeyr
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https://labourguide.co.za/employment-condition/labour-appeal-court-confirms-enforceability-of-restraints-following-dismissal