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Employment law issues - restraints of trade

This webinar on demand is part of a series of webinars. Click here to read more

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Overview 

Our Labour Court and the High Court have seen many cases for enforcing restraints of trade since COVID-19 came and the lockdown damaged the economy. On one hand, businesses seeking to enforce the restraint are setting out that their businesses which have been hit hard by COVID-19 need protection. On the other hand, employees seeking to leave and join a competitor are setting out that COVID-19 has affected their chances of finding employment and they are being exploited in the current economy and also, restraints need to be curtailed during this time when finding a job is a difficult enough task on its own!

Consider these questions:

• How do you protect your trade secrets and goodwill as an employer?
• When and how can you challenge a restraint of trade as an employee? 
• Does it matter whether the restraint is part of the contract of employment or not?
• What type of contract is a restraint of trade?
• Under what circumstances can a restraint of trade be enforced?

Join labour law expert Andrew Goldberg as he answers all the above questions and more. By attending this webinar you will also get to hear details of the latest case law on restraint of trade contracts.

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Learning objectives

By the end of this webinar you should:

• Understand the principles of restraint of trade contracts.
• Understand the factors which the courts consider that weigh in favour of enforcement.
• Understand factors that need to be raised in defence of enforcement.
• Know the leading authorities on the topic.
• Know the latest case law where the COVID-19 economy is raised as a defence. 

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Content

The webinar will cover the following topics: 

• What is a restraint of trade contract?
• Who are the leading authorities on the topic?
• How is a restraint of trade enforced?
• Factors that weigh in favour of enforcement.
• The COVID-19 economy - how it's being raised as defence.
• Case law to challenge a restraint of trade.
• Case law to enforce a restraint of trade.

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About the presenter: 

Andrew Goldberg

Andrew Goldberg has been practising for over 17 years in Labour Law, with 10 of those years in own practice. He is the holder of a Masters Degree in Labour Law. Andrew is Acting Judge of the Labour Court with two reported judgments and over a thousand appearances at the Labour Court.

Andrew has the special ability to breakdown topics so that attendees can fully understand all the processes under discussion.

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The following persons will benefit from purchasing this webinar:

• Legal practitioners.
• HR representatives.
• Industrial relations officers.
• Legal officers of companies.
• Employees.
• Workers' union officials.
• Paralegals.
• Law students and candidate attorneys.
• Anyone interested in employment and labour law.

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Price    

• R450.00 per person.

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Additional material

Should you attend this webinar, we will provide you with the following:

• We will provide you with Labour Court pro-forma application on urgency to enforce a restraint of trade clause.
• We will provide employers with the current case law related to enforcing a restraint of trade clause.
• We will provide employees with all the case law to challenge a restraint of trade clause.
• We will provide you with a flow chart showing the benefits of various employment contracts.
• A summarised slide presentation.
• Reference documents and/or course material where available.