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Home Tags Laser Junction (Pty) Ltd v Fick

Tag: Laser Junction (Pty) Ltd v Fick

Can a restraint of trade agreement survive a going concern transfer?

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Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.

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