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An Employee is Able to Choose His Employer when a Proper Restraint of Trade is not in Place
In Sourceworx v Datacentrix, the Gauteng High Court ruled that without a proper restraint of trade, an employee’s right to choose their employer cannot be limited by inter-company agreements. The Court rejected attempts to enforce no-poaching undertakings, emphasising constitutional rights, public policy, and the need for a legitimate protectable interest.

Jonathan Goldberg
Feb 123 min read
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