North Safety Products v Naidoo and Another

The applicant, North Safety Products, designs and supplies personal protective equipment. The first respondent was employed as a sales representative in Richards Bay from July 2017 until his resignation in May 2019, when he joined a competing business, the second respondent, as a key contracts manager. The applicant sought to enforce a 12-month restraint of trade and confidentiality undertaking within the Richards Bay area, alleging that the first respondent possessed protectable interests in customer connections and trade secrets, particularly knowledge of customer needs and product preferences, which could be exploited at the competitor.

The application to enforce the restraint of trade and confidentiality undertakings was dismissed with costs.

This case reinforces South African restraint of trade jurisprudence by clarifying the distinction between confidential trade secrets and an employee’s general recollected knowledge and experience. It underscores the courts’ reluctance to enforce restraints that unduly limit employees’ freedom of occupation where no genuine protectable interest is proven, particularly in sales and tender-driven industries.