Can ex-employer sue for liabilty?

[Justloadit]

The common law protects the company. There is no need to have signed a restraint or NDA.
There is also some statutory protection in terms of unfair competition and business practices.

I was always under the impression that an employee has a right to earn a living using his skills.

[sterne.law@gmail.com]

The right to work and be productive vs owners rights to protect interest is the very core of restraint arguments. This was intertwined with the sanctity of contract doctrine in the early days of constitutional argument. Swinging both ways in differing courts till the constitutional court ruled the contract stands unless a party can show just cause.

Yes, a person has right to earn living but not the right to 'steal' customers, secrets etc. Of course determining if a customer was stolen or merely chose a preferred supplier is an argument to be decided on a case by case basis.

[AlB]

Interdict on what basis? Did you sign an NDA or a restraint of trade agreement?

NDA was part of original employment contract, as was restraint of trade. However, restraint of trade clause was so worded that it is not an issue here.