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A restraint of trade clause limits the ability of an employee to accept future employment which could be to the detriment of their current employer – usually because it is a competitor and the employee has access to confidential information.

When is restraint of trade unenforceable?
There are instances in which restraint of trade agreements are unenforceable. This is usually where it is proven that the contract was not understood by the employee or the application of the restraint of trade agreement is too broad.

Source: https://www.golegal.co.za/restraint-trade-reasonable-enfor…/

Assessed:11 Desember 2018

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