Article
A Restraint Of Trade Does Not End When Employment Does: The Enforceability Of Restraints Post-Retirement
In South Africa, restraint of trade agreements remain enforceable after employment ends, regardless of whether termination occurs through resignation, dismissal, retrenchment, or retirement. A recent Labour Court case examined whether a retired branch manager could be bound by a two-year non-compete clause, revealing how courts assess the reasonableness and enforceability of such restraints when employees attempt to circumvent them through family members or related entities.
Adams & Adams