In Vodacom v Motsa, the Labour Court was approached on an urgent basis to enforce a restraint of trade provision together with a period of so-called “garden leave”. The employee resigned with immediate effect and intended to take up employment with a competitor of the company. The company however elected to enforce the employee’s contractual 6 month notice period. Effectively, the employee’s notice period of 6 months took the form of ‘garden leave’ during which period the employee was paid, but not required to attend work and (due to the fact that he remained an employee) was unable to take up employment with any other entity (competitor or otherwise) during that period. In terms of his employment contract, the employee had also agreed to a 6 month restraint of trade period, during which he was not allowed to take up employment with any of the company’s competitors. The Court held that due to the seniority of the employee, the ‘garden leave’ and restraint periods were reasonable and would not run concurrently, i.e. the employee was effectively barred from taking up employment with the company’s competitor for a period of 12 months after his resignation.