An employer's attempt to force a restraint of trade on a worker who allegedly continued to use the company's bunny despite his employment ending two years prior, has fallen flat.
The Gauteng High Court in Johannesburg this week dismissed an application from Bujini Projects, which sought to impose a restraint of trade on Amith Jadoonandon regarding the ownership of an Easter bunny suit. The case unfolded before Acting Judge Lucas van Tonder, who deliberated on whether the suit belonged to company or was a personal purchase made by Jadoonandon's wife.
Bujini Projects had requested the court to interdict Jadoonandon from using the Felix the Fire Bunny suit and accessories such as speaker and microphones. Additionally, the company sought to prevent Jadoonandon from soliciting clients, offering them training programmes akin to those provided by Bujini, or misrepresenting himself as an employee of the firm. Furthermore, they wanted him to return the property promptly.
Jadoonandon, who was employed by Bujini until 30 December 2020, found himself at the centre of this legal drama more than two years after his departure, as the company filed the application in February 2022. They argued that he was the last person to utilise the bunny suit, speaker, and microphones in November 2020, shortly before his employment ended.
To support their claim, Bujini presented two confirmatory affidavits from Ms Kock and Ms Richards, who alleged that Jadoonandon donned the Felix the Fire Bunny suit at two events in March and May 2021. However, Judge van Tonder found the company's arguments to be lacking clarity, noting, “It is not clear on what basis a restraint more than two years later would still be justified.”
In contrast, Jadoonandon contested the allegations, asserting that his appearances in a bunny suit were entirely unrelated to Bujini. He claimed that the bunny suit in question was specifically ordered for an Easter egg hunt hosted by his wife - a response that added a whimsical twist to the proceedings.
