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Automotive Tooling Systems v Wilkens
''Automotive Tooling Systems (Pty) Ltd v Wilkens & others'' was an important case in South African labour law, in which the Supreme Court of Appeal of South Africa confirmed the principle that a restraint of trade would be considered unreasonable and contrary to public policy, and thus unenforceable, if it does not protect some legally recognisable interest of the employer and merely seeks to exclude or eliminate competition.
The court further pointed out that the dividing line between the use by an employee of his own skill, knowledge and experience, which he cannot be restrained from using, and the use of his employer's trade secrets or confidential information or other interest, which he may not disclose if bound by a restraint, is often very difficult to define. What must be clear, according to the court, is that the interest is one that might properly be described as belonging to the employer rather than to the employee, and in that sense "proprietary to the employer."
== Background ==
In this particular case, the business of the appellant was in a specialised technological field relating to the design, manufacture and/or customisation of special-purpose machines and tooling. The respondents had been employed as skilled toolmakers. They concluded a restraint of trade and confidentiality clause with the appellant. The respondents subsequently resigned and took up employment with the third respondent. The respondents did the same work for the third respondent that they had done for the appellant.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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