Court order against beauty therapist

2016-05-04 08:32

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Pietermaritzburg - A high court judge on Tueday granted an interim order aimed at preventing an Umhlanga-based beauty therapist from competing in the Durban area against the franchise that had previously employed her.

Perfect Nails and Body CC approached the Pietermaritzburg high court in a bid to enforce a restraint of trade agreement that allegedly is part of a contract signed by a former employee, Letesha Balgobind.

In terms of an interim order granted by Judge Themba Sishi yesterday, Balgobind must show cause on or before June 7 why she should not be finally interdicted from continuing with, or commencing, work as a nail technician, beauty therapist and stylist within a 10 km radius of the Crescent Shopping Centre at Umhlanga Ridge.

If granted, the restraining order would be applicable until March 29 next year.

Radhi Chetty, Balgobind’s former employer, said Perfect Nails and Body CC is part of a franchise operation known as the beauty treatment franchise “Perfect 10”, which has various stores in Durban including a branch at Crescent Centre in Umhlanga Ridge.

She said the franchise has built up a substantial client base and reputation in the beauty treatment sector.

“The franchise has a competitive edge in that it seeks to offer a broad range of beauty products under a single concept,” she said.

She said any employee using the franchise’s methodology and systems had the ability to build up a very specific client base and list. Employees interacted with their clients via smart phone technology to stay in touch with clients, market products and book appointments.

Apart from having access to the client list, a former employee would also have access to the franchise’s pricing structure and would be in a position to undercut them should she compete.

Chetty said Balgobind was employed by the franchise as a beauty therapist from February 2010 until she resigned on August 29 last year.

Initially she had parted from her employers on good terms.

She allegedly said she intended moving to Johannesburg.

Balgobind and Chetty had remained in contact.

Chetty said in November last year she heard reports that Balgobind had returned to Durban and she later learnt that she was working as a beauty therapist from premises in the Riverside Hotel.

This was of concern as she has details of all the franchise’s clients on her smart phone and would be in a position to offer the same services to their customers at discounted rates.

Read more on:    pietermaritzburg  |  court

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