Kristen Hare

Consistency is key: Restraints of Trade and the Pitfall of Selective Enforcement – A review of Altron Nexus (Pty) Ltd v Maurice Fowler and MST Critical Communications (Pty) Ltd

24th January 2025|Labour Law, Labour Law, Litigation|

Accordingly, and in the event that an employer does apply a policy of selective enforcement of restraints of trade in its operations, it must, at the very least, be able to provide cogent, persuasive and reasonable justification for such a policy failing which its prospects of success in restraints-based litigation will be significantly diminished.

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