Restraints of Trade

The constitutional right to earn a living is not what determines whether a restraint of trade will be enforced by the Court

It is determined by the ambit, area and duration of the restraint period, as well as the interest that the restraint is seeking to protect.

Restraints of trade are still enforceable in law, and continue to be enforced by our Courts despite the employee’s constitutional right to choose their trade, occupation and profession.

The confidential information and your customer connections are still protectable interests.

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