DO YOU KNOW WHAT IS IN YOUR EMPLOYMENT CONTRACT?
Usually many employees sign a contract which has a “Restraint of Trade” clause in it.
This clause means that the company will try to stop you from working for a competitor if you resign or get dismissed.
You will not get paid a salary during this period.
Essentially you wont be able to get a new job or get an income from your previous company. Very unfair!
So what can you do?
IF YOU HAVE NOT SIGNED A RESTRAINT:
Negotiate with the company not to have a restraint in the first place (or sign a non-disclosure if they worried about trade secrets)
IF YOU ALREADY SIGNED A RESTRAINT:
But if you already signed one and the company is trying to enforce the restraint on you , then you can refer them to the case of Oomph Out of Home Media (Pty) Limited v Brien and another – where the High Court said that it is unreasonable for a restraint of trade to be enforced during the COVID period and where that person has experience in a niche industry.
