Ndlovu, L.Selala, K. J.Mahangwahaya, Musiiwa2019-06-042019-06-042019-05-18Mahangwahaya, Musiiwa (2018) A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law, Unversity of Venda, South Africa, <http://hdl.handle.net/11602/1321>.http://hdl.handle.net/11602/1321LLMDepartment of Mercantile LawThe study critically analyses the concurrent enforceability of restraint of trade and garden leave in South African Labour law. The study seeks to answer the question of whether or not the simultaneous enforceability of restraint of trade agreements and garden leave is reasonable. Designed within a qualitative paradigm primarily based on a critical literature review, the study employs a doctrinal approach to establish the contemporary legal position in respect of the simultaneous enforceability of restraint of trade agreements and garden leave in South African Labour law. The objectives pursued by the study are to mitigate the controversies and clear the confusion relating to the enforceability of restraint of trade agreements; to justify the doctrine of restraint of trade; assess the reasonableness of the simultaneous enforceability of garden leave and restraint of trade; examine the onus of proof in matters dealing with the enforceability of restraint of trade agreements; test the constitutionality of restraint of trade agreements; evaluate the relationship between restraint of trade agreements and garden leave; and propose practical recommendations that can be employed to address identified legal flaws in the context of the topic. Structurally, the study begins with unpacking the background to the research topic, the history, origin and rationality of restraint of trade agreements together with an assessment of their enforceability. It further examines the effect of garden leave on restraint of trade agreements, outlines comparative perspectives on restraint of trade, including aspects relating to garden leave and highlights lessons South Africa may learn from the selected jurisdictions. Finally, the study recommends that South African jurisprudence should be developed to shift the burden of proof to employers to prove reasonableness of garden leave and restraint of trade agreements, to impose an obligation on employers to pay former employees for rendering them jobless and to set a maximum period that an employee can be prevented to compete or be employed by employer’s competitors.1 online resource (xiii, 151 leaves)enUniversity of VendaEnforceabilityUCTDRestraint of tradeTrade secretsLegitimate interestPublic interestGarden leave343.072368Restraint of trade -- South AfricaTrade regulation -- South AfricaPrice fixing -- South AfricaPrice discrimination -- South AfricaThesisMahangwahaya M. A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law. []. , 2019 [cited yyyy month dd]. Available from: http://hdl.handle.net/11602/1321Mahangwahaya, M. (2019). <i>A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law</i>. (). . Retrieved from http://hdl.handle.net/11602/1321Mahangwahaya, Musiiwa. <i>"A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law."</i> ., , 2019. http://hdl.handle.net/11602/1321TY - Thesis AU - Mahangwahaya, Musiiwa AB - The study critically analyses the concurrent enforceability of restraint of trade and garden leave in South African Labour law. The study seeks to answer the question of whether or not the simultaneous enforceability of restraint of trade agreements and garden leave is reasonable. Designed within a qualitative paradigm primarily based on a critical literature review, the study employs a doctrinal approach to establish the contemporary legal position in respect of the simultaneous enforceability of restraint of trade agreements and garden leave in South African Labour law. The objectives pursued by the study are to mitigate the controversies and clear the confusion relating to the enforceability of restraint of trade agreements; to justify the doctrine of restraint of trade; assess the reasonableness of the simultaneous enforceability of garden leave and restraint of trade; examine the onus of proof in matters dealing with the enforceability of restraint of trade agreements; test the constitutionality of restraint of trade agreements; evaluate the relationship between restraint of trade agreements and garden leave; and propose practical recommendations that can be employed to address identified legal flaws in the context of the topic. Structurally, the study begins with unpacking the background to the research topic, the history, origin and rationality of restraint of trade agreements together with an assessment of their enforceability. It further examines the effect of garden leave on restraint of trade agreements, outlines comparative perspectives on restraint of trade, including aspects relating to garden leave and highlights lessons South Africa may learn from the selected jurisdictions. Finally, the study recommends that South African jurisprudence should be developed to shift the burden of proof to employers to prove reasonableness of garden leave and restraint of trade agreements, to impose an obligation on employers to pay former employees for rendering them jobless and to set a maximum period that an employee can be prevented to compete or be employed by employer’s competitors. DA - 2019-05-18 DB - ResearchSpace DP - Univen KW - Enforceability KW - Restraint of trade KW - Trade secrets KW - Legitimate interest KW - Public interest KW - Garden leave LK - https://univendspace.univen.ac.za PY - 2019 T1 - A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law TI - A critical analysis of the concurrent enforceability of restraint of trade agreements and garden leave in South African Labour Law UR - http://hdl.handle.net/11602/1321 ER -