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Restraint of trade agreements: Does an employer waive its restraints when dismissing an employee?
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On 27 October 2025, the Labour Appeal Court (“LAC”) gave reasons for why it enforced a restraint of trade agreement on 30 July 2025, in the matter of Backsports (Pty) Limited v Motlhanke and Another (JA2025/091548) 2025 ZALAC 50 (27 October 2025).
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Employers have had to adapt to continue with their business operations during the Covid-19 pandemic, the ensuing lockdowns, and strict government regulations. Those companies able to work online from home have greatly mitigated the risks of staff contracting Covid-19 and potentially affecting their business operations.
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Employers may feel powerless to deal with employees who have committed offences away from the workplace and after work hours but which may still bring the company’s name into disrepute through mere association with those individuals.
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Crypto assets have, in recent times, earned greater respect as an alternative asset class. We are yet to see the mass adoption of crypto assets as “currency”, but there is a growing segment of the South African population that view crypto assets as a legitimate way to diversify, grow, or preserve their wealth.
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This offer is not just about working alongside recognised leaders, it’s about ensuring every consultant lives and works in the way they want to – enabling them to be the best they can be for their clients while also getting their own work/life balance exactly right.
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