Pinnacle Technology Shared Management Services (Pty) Limited and Another v Venter and Another (J1095/15) [2015] ZALCJHB 199

16th July 2015

Pinnacle Technology Shared Management Services (Pty) Limited and Another v Venter and Another (J1095/15) [2015] ZALCJHB 199

[1] The first and second applicants are wholly owned subsidiaries of Pinnacle Technology Holdings. The first respondent was employed by the first applicant but was deployed to render services to the second applicant. These services included that of an external accounts manager from August 2012 to 28 May 2015.

[2] The business of the second applicant entails the assembly, sale, marketing, support and distribution throughout South Africa of computer hardware, software, peripherals and related products and services in the security industry. The job of the first respondent entailed designing a complete system package for customers combining the second applicant’s products, services, pricing and discount structures and the customer’s creditworthiness and sales history with the second applicant.

[3] On 6 October 2014 the first respondent signed a new contract of employment with the first applicant, which incorporated restraint of trade undertakings in favour of the first and second applicant. In April 2015 she resigned from the employment of the first applicant to take up employment as an accounts manager with the second respondent from 1 June 2015. The applicants contend that the second respondent is a competitor of the second applicant and in taking up employment with the second respondent the first respondent is in breach of the restraint of trade agreement.

[4] Based on the provisions of the restraint of trade agreement, the applicants seek an urgent interdict preventing the first respondent, for a period of twelve months from 1 June 2015, throughout South Africa, from being employed by the second respondent and/or having a direct or indirect interest in a competitor of the applicants and from approaching or soliciting orders from customers of the applicants. They also seek an order interdicting and restraining the second respondent for a period of twelve months from 1 June 2015 from employing the first respondent.