In South Africa, these investigations are very common and crucial to protect a business who has invested in their employees and intellectual property. Restraint of Trade evidence in favour of a client could assist the employer to enforce a restraint of trade clause which is determined by positive undisputable evidence. Such evidence needs to support a claim against the employee who are competing with his previous employer. Clear Restraint of Trade evidence must withstand a legal process, it needs to be reasonable, justifiable and balancing the employer's need to protect their business with the ex-employee’s right to earn a livelihood.
Our Restraint of Trade Investigations are driven with the objective to ensure our client can succeed in their legal objective; evidence provided is clear to support the employer to reflect the employee is in breach of the signed contact and accepted clause at employment inception.
If the employer can prove a valid restraint of trade agreement and the existence of a protectable interest, NiB’s clear evidence of the individual contravening the clause could assist the employer with a legal claim stopping the individual from competing and institute a civil claim.
Other more commercial type Restraint of Trade Investigations could prove “unreasonable restraint of trade”. This is where two or more companies agree to fix prices or divide up a market between them. In this instance NiB could assist other competing companies for fair trade and expose this type of collusion which limits competition and harms consumers.
NiB has concluded thousands of Restraints of Trade investigations to client’s benefit, we are a trusted brand and team of experts.
