We are happy to share the following Case Law for the beauty industry.

Case Won! A Restraint of Trade for the Beauty Industry can be enforced.

Sassy Style has successfully won a case in the Labour Court against two ex-employees (Monique Farrar and Precious Fadzai Nyoni).

They were operating in contravention of the following:

  1. Confidentiality Agreement
  2. Restraint of Trade Agreement

The Court Order effectively prevents them from working at the salon where they are currently operating from and to work for any salon or organisation whose activities directly or indirectly compete with that of Sassy Style, within a 10 km radius of the business premises of Sassy Style.

The court order also prohibits them from contacting any of the customers of Sassy Style, directly or indirectly for any reason.

Labour Court Case

IN THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG

CASE NO: J 291/21

Honourable Acting Justice MABASO ORDERED on 28 April 2021

In the matter between:

Sassy Style Beauty (proprietary) Limited: Applicant

and 

Farrar: Monique : 1st Respondent

and 

Nyoni: Fadzai Precious : 2nd Respondent

and 

About Body Intradermal and Nail Clinic : 3rd Respondent

ORDER

Having read and considered the matter:

IT IS ORDERED THAT:

  1. The form and services provided for in the Rules of Court are dispensed with and that the matter is heard urgently.
  2. The first (Monique Farrar) and second (Precious Fadzai Nyoni) respondents are interdicted and restrained from:

2.1 Disclosing directly or indirectly to any person any trade secret or confidential information received by the first and second respondent in relation to the applicant’s (Sassy Style) affairs, the applicant’s customers or the marketing techniques used or carried on by the applicant;

2.2 Whether for the benefit of the first (Monique Farrar)  and second (Precious Fadzai Nyoni) respondents or that of another, making use of, availing themselves of or deriving any benefit from the applicant’s (Sassy Style) confidential information.

  1. The first respondent (Monique Farrar) is interdicted and restraint until 31st March 2022 from:

3.1 Being employed by, contracted to, associated with, engaged in or having any business or financial interest in any salon or organisation whose activities compete directly or indirectly with those of the applicant and which is situated within a 10 (ten) kilometre radius of the applicants (Sassy Style) premises, to wit, East Fields Shopping Centre, Corner O’Reilly Merry Street and Benoni Road, Rynfield, Benoni.

3.2  Contacting any of the applicant’s (Sassy Style) customers directly or indirectly for any reason.

  1. The second respondent (Precious Fadzai Nyoni) is interdicted and restraint until 31st March 2023 from:

4.1 Being employed by, contracted to, associated with, engaged in or having any business or financial interest in any salon or organisation whose activities compete directly or indirectly with those of the applicant and which is situated within a 10 (ten) kilometre radius of the applicants (Sassy Style) premises, to wit, East Fields Shopping Centre, Corner O’Reilly Merry Street and Benoni Road, Rynfield, Benoni.

4.2  Contacting any of the applicant’s (Sassy Style) customers directly or indirectly for any reason.

  1. The first (Monique Farrar) and second (Precious Fadzai Nyoni) respondents pay the cost of the application jointly and severally, the one paying the other to be absolved.

 

BY THE COURT

2021-04-28

REGISTRAR

In an effort to further support the beauty industry please refer to this case that deals with “Suspended Prison Sentence for breach of Labour Court Order” more…