If a forced payment has been made to the employee; The facts are brief: On April 26, 2017, the employee entered into an employment contract with Doka South Africa (Pty) (Ltd) („Doka“), in the role of regional sales manager report to the general manager. The worker also restricted the trade agreement for a period of 24 months, in which it was stated that „the restriction must be maintained in favour of the successor.“ A high-level case that has been established in favour of the employer before the Supreme Court of Appeal is Reddy v Siemens Telecommunications (Pty) Ltd 2007 2 SA 486 (SCA). Reddy, who worked at Siemens, resigned to take a position at Ericsson. After joining Siemens, he agreed not to be employed by a competitor a year after he ended and had agreed not to disclose Siemens` trade secrets and confidential information. Restriction agreements are widespread in trade and industry in South Africa. And they are recognized in South African law as valid and applicable in South African law, unlike in the United Kingdom. The same applies to the extent of the activities covered by the restriction. For example, if the employee is a computer programmer, it would be unreasonable to impose a restriction that prevents the employee from working in the entire information technology industry. But the one that prevents him from working in the employer`s specific business niche – such as video game design – might be reasonable. In a recent case involving a restriction of the trade agreement – Dayandren Reddy (the complainant) and Siemans Telecommunications (Pty) Ltd (respondent). In essence, the agreement prohibits the complainant from holding a job with his employer`s competitor.

The complainant was employed by Siemens and, after leaving siemens, accepted a job with a competitor- Ericsson. Second, all people should be productive in the interests of society and be allowed to work in commerce, commerce or professions for a living. The questions that should be asked when considering the appropriateness of a deduction are, first of all, whether one party has an interest worthy of the protection of termination of employment and, if so, is that interest threatened by the other party? By understanding all aspects of this important, practical and difficult aspect of the law, history and development of trade restrictions to the knowledge of the latest decisions of the Supreme Court of Appeal, lawyers, lawyers, lawyers, judges – in fact all lawyers – for the employer or worker – are helped to provide valuable legal counsel.