Pietermaritzburg - The claws are out in a legal scrap over clientele between a Durban nail and beauty salon and a former employee.
The salon, Perfect 10 in the Crescent Shopping Centre in Umhlanga Ridge, has obtained an interim interdict against Letesha Balgobind, barring her from doing business within a 10km radius of its store.
The interdict was granted in the Pietermaritzburg High Court on Tuesday.
In terms of the order, Balgobind must show cause on June 7 why a final order should not be granted against her.
She has been interdicted from working as a nail technician, beauty therapist or stylist within the designated radius until March 29 next year.
In court papers, Perfect 10 is described as a developing franchise chain which has created a good name in South Africa and has built up a substantial client base and reputation in the beauty treatment sector.
Managing member of Perfect 10, Radhi Chetty, said in an affidavit that the franchise had a competitive edge in that it sought to offer a broad range of beauty products under a single concept and the branding and customer relations of the franchise were highly desirable as they drew customers in and created customer relationships.
The franchise uses smartphone technology to assist therapists to keep in touch with their clients.
The therapist is thus able to liaise and interact with the customers on a very real level, so that she is always available for bookings and appointments.
What was critical, Chetty said, was that any employee of Perfect 10, using its systems, would be able to build up a very specific customer base and client list.
Perfect 10 had a substantial list of clients who were looked after by Balgobind.
Balgobind was employed at Perfect 10 in February 2010 and had full access to their computer database as well as to their pricing structure.
Chetty said Balgobind was now able to undercut Perfect 10, should she compete with them.
Chetty explained that Balgobind had willingly signed a contract of employment with Perfect 10, which included a clause of restraint of trade within a 10km radius of the Crescent Shopping Centre, should the employee leave.
Balgobind tendered her resignation in August last year and left a month later.
She informed Chetty that she was leaving to explore more lucrative job opportunities in Johannesburg.
In November last year, Chetty said she became aware that Balgobind was back in Durban and operating as a beauty therapist at The Riverside Hotel.
“She is competing unfairly for she will have all details of clients on her smart phone and will be able to contact them and offer services at discounted prices in order to secure their custom,” Chetty said.
Chetty said that the fact customers had not returned to Perfect 10 since Balgobind set up business at the hotel was “telling”.