constitutional development

With employees job-hopping more than ever, companies put at risk their clients, strategies and technical advantages if their employees are not properly restrained from moving on to competitor companies by enforceable restraints of trade.  Although the Appellate Division has said with certainty that restraints of trade clauses are presumed to be enforceable in South African

This post was contributed by Sipelelo Litji, Lauren Coetzee and Kate Paterson

Employers may be vicariously liable for an employee’s actions regardless of whether they are acting in the course and scope of their employment.

This is according to a Supreme Court of Appeal judgment that found the Minister of Defence to be liable for