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Post Info TOPIC: RESTRAINT OF TRADE PREVENTING ME FROM GETTING A JOB
Anonymous

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RESTRAINT OF TRADE PREVENTING ME FROM GETTING A JOB
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To whom it may concern

 

I was recently dismiss from the company i was working for. i was in a middle management role for a labour broking firm in the western cape. I am in the process of trying to find another job and have been offered such by another labour brokerage firm. My restrain of trade however is something i remember signing. It is said to be in place for 24 months and prevents me from finding any work in any capacity at any competitor companies in the market place throughout the entire country. This effectively is preventing me from getting another job in my field of experience. Please can you assist me in just getting into a position where i can again provide for my family. I have no ideas of hurting the previous company in any way, but the new prospective employer requires me to work at one of the same clients that the previous company currently supply's staff to in exactly the same role. 

 

Please can you advise and help me

thanks



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Labour Protect

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Good day

A restraint of trade is something that can be challenged. Just because you had signed the contract of employment does not mean that the restraint of trade is automatically valid. when the court applies its mind to the restraint of trade it will take may things into consideration, such as if whether the restrain is necessary because you are possession of confidential information which warrants protection by the employer. This is known as a protected interest of the employer, which is often difficult to prove considering that many employees are not privy to such information. Another issue is the geographical limits of the restraint of trade.  

Accordingly, we would advise that you see a lawyer immediately.

 

LP 



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