Restrained from restraining: When employers lose the right to hold you back

Can an employer enforce a restraint of trade after telling an employee they won't?

In SD Recruitment (Pty) Ltd v Werner Pretorius and Another, the Labour Court examined whether restraint, confidentiality, and non-solicitation undertakings could be enforced against a former employee who joined a competitor. The court considered issues of urgency, protectable interests, the role of verbal agreements waiving restraints, and whether an employee's reasons for resigning affect enforceability.

In this podcast, Jean Ewang and Ayesha Karjieker in the Employment Law practice unpack the judgment's key findings and what they mean for employers and employees navigating post-employment restrictions in South Africa.