Orientation: The topic of restraint of trade has attracted attention, with significant renewed interest in light of the role it is said to play in contributing to the executive‟s career moves and the protection it offers companies. At the heart of the issue is the perceived unfairness of the contract between the employee signing the contract and the company restraining the employee.Research purpose: The purpose of this study was to describe aspects the restraint of trade within the South African financial services industry.Motivation for the study: The motivation for the study was the development of a deeper understanding of restraint of trade, within the South African context, as the concept became prevalent over the past years with many questions remaining unanswered.Research design approach and method: The research was a qualitative, content study.Main findings/results: The primary finding was that, despite the wide use of such contracts they are not clearly understood, they are still perceived as unfair and are seen as a tool to curb career development.Practical managerial implications: The results suggest that the use of such contracts maybe popular but they are flawed, even though elements such as the period of the contracts and the quantum of payments are known the legal clarity and misunderstanding of these contracts is still an issue.Contribution/value add: The study provides context to Restraint-Of-Trade within a South African framework. It further provides key insight into the perception, misalignment of these contracts to the overall understanding and the aim they are meant to achieve. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

Univ., Diss.--Hamburg, 2005. / Literaturverz. S. 259 - 286.

Univ., Diss. u.d.T.: Gey, Peter: Die Bedeutung des potentiellen Wettbewerbs bei der Bestimmung marktbeherrschender Stellungen im deutschen, europäischen und US-amerikanischen Kartellrecht--Hamburg, 2004.

Universiẗat, Diss., 2006--Köln.

Univ., Diss.--Köln, 2001. / Literaturverz. S. 209 - 223.

Univ., Diss.--Köln, 2002.

Thesis (doctoral)--Universität, Heidelberg, 2007. / Includes bibliographical references.

LLM / Department of Mercantile Law / The study critically analyses the concurrent enforceability of restraint of trade and garden leave in South African Labour law. The study seeks to answer the question of whether or not the simultaneous enforceability of restraint of trade agreements and garden leave is reasonable. Designed within a qualitative paradigm primarily based on a critical literature review, the study employs a doctrinal approach to establish the contemporary legal position in respect of the simultaneous enforceability of restraint of trade agreements and garden leave in South African Labour law. The objectives pursued by the study are to mitigate the controversies and clear the confusion relating to the enforceability of restraint of trade agreements; to justify the doctrine of restraint of trade; assess the reasonableness of the simultaneous enforceability of garden leave and restraint of trade; examine the onus of proof in matters dealing with the enforceability of restraint of trade agreements; test the constitutionality of restraint of trade agreements; evaluate the relationship between restraint of trade agreements and garden leave; and propose practical recommendations that can be employed to address identified legal flaws in the context of the topic. Structurally, the study begins with unpacking the background to the research topic, the history, origin and rationality of restraint of trade agreements together with an assessment of their enforceability. It further examines the effect of garden leave on restraint of trade agreements, outlines comparative perspectives on restraint of trade, including aspects relating to garden leave and highlights lessons South Africa may learn from the selected jurisdictions. Finally, the study recommends that South African jurisprudence should be developed to shift the burden of proof to employers to prove reasonableness of garden leave and restraint of trade agreements, to impose an obligation on employers to pay former employees for rendering them jobless and to set a maximum period that an employee can be prevented to compete or be employed by employer’s competitors. / NRF

Thesis (doctoral)--Universiẗat Frankfurt (Main), 2005. / Includes bibliographical references (p. ix-xxv).

Thesis (doctoral)--Universiẗat Köln, 2005. / Includes bibliographical references (p. 243-263).