Comments on: Strained Relationship with Employer http://www.nio.co.za/labourlaw/2009/08/strained-relationship-with-employer/ Labour Law with Craig Hardie Thu, 03 Mar 2011 10:37:28 +0000 hourly 1 http://wordpress.org/?v= By: branchenbuch http://www.nio.co.za/labourlaw/2009/08/strained-relationship-with-employer/comment-page-1/#comment-214 branchenbuch Sat, 23 Oct 2010 07:21:55 +0000 http://www.nio.co.za/labourlaw/?p=286#comment-214 Bertrand Russell~ Man needs for his happiness not only the enjoyment of this or that but hope and enterprise and change. Bertrand Russell~ Man needs for his happiness not only the enjoyment of this or that but hope and enterprise and change.

]]> By: Attitude http://www.nio.co.za/labourlaw/2009/08/strained-relationship-with-employer/comment-page-1/#comment-201 Attitude Mon, 27 Sep 2010 14:49:40 +0000 http://www.nio.co.za/labourlaw/?p=286#comment-201 I work for company A and applied for position at company B a consulting company. the consulting company time and again get consulting work at company A (current company). They want to appoint on position i applied for, but they want me to clear that with my current employer. How do i approach this, can my current employer restrain me from joining this company B, on what bases? I work for company A and applied for position at company B a consulting company. the consulting company time and again get consulting work at company A (current company). They want to appoint on position i applied for, but they want me to clear that with my current employer. How do i approach this, can my current employer restrain me from joining this company B, on what bases?

]]> By: Craig http://www.nio.co.za/labourlaw/2009/08/strained-relationship-with-employer/comment-page-1/#comment-97 Craig Tue, 09 Mar 2010 05:59:49 +0000 http://www.nio.co.za/labourlaw/?p=286#comment-97 Dear Bobby The law is on the side of the employee with regards to restraints of trade. It is unconstitutional to restrict a persons right to employment. Unless you deliberately poach existing clients and/or divuldge confidential company info there will be little chance that a restraint will be enforced against you. Equally restraints are extremely costly and prolonged and are done by civil court actions. I say: Go ahead, give in your resignation and go and work where you are planning to! Forget to the sewing (sic) of overtime as it is after the fact and fruitless in my opinion. Senior managers by nature forfiet thier rights to overtime - ask me I know! Dear Bobby

The law is on the side of the employee with regards to restraints of trade. It is unconstitutional to restrict a persons right to employment. Unless you deliberately poach existing clients and/or divuldge confidential company info there will be little chance that a restraint will be enforced against you. Equally restraints are extremely costly and prolonged and are done by civil court actions.

I say: Go ahead, give in your resignation and go and work where you are planning to!

Forget to the sewing (sic) of overtime as it is after the fact and fruitless in my opinion. Senior managers by nature forfiet thier rights to overtime – ask me I know!

]]> By: Bobby http://www.nio.co.za/labourlaw/2009/08/strained-relationship-with-employer/comment-page-1/#comment-96 Bobby Mon, 08 Mar 2010 11:42:18 +0000 http://www.nio.co.za/labourlaw/?p=286#comment-96 Hello, Help, I do not know what to do: I am 41 years old, I am a Sr. performance manager consultant; this is what I have been doing for the past 18 years. About 4 years ago, I was hired by my current boss (from another company) to start a new company (my boss and company owner also left a company). The company grew from 2 persons (us two) to over 20 and 3 branches; I was a huge contributor (knowledge and support) for the success... Nevertheless, during the past 3 years my boss (owner) has been very demanding towards most of the employees; she expects us to work weekends, and late hours of night; I usually work from 7h00 to sometimes 23h00 even past 24h00 (non-stop-eating from desk), there has been days that I do not sleep at all. She even made me work two days after a surgery!!! (I was booked by my doctor for the week) Working late has been the rule not the exception. I am very exhausted; 3 excellent employees left the company as a result; I want to resign as well as it is taking a toll on my health and my family; There is a company that is willing to hire me immediately but it is similar of my current one. Now my boss is very upset, telling me how bad of a person I am, that I am ungrateful, she calls me at 22h00 of the night threatening me that she will take me to court as I can not work for a similar company; she is talking bad about me, on my back, to other employees and saying "white" lies; this is affecting my future and career... I do not have shares of the company, I am just another employee; I have been the most loyal person of the company. When I told her that I want to move on, as I can not take it anymore; she threatening me that I can not work for any company that might compete with hers. I told her this is the only experience and knowledge I have, and my whole career is based on this; I have been in this area even before her company existed. She said that it does not matter, that I have other options, to work for a bank, I can be a PA or Senior Secretary. What can I do? Can she apply the restriction of trade? (I signed a document, but is not specific; it does not have any geographical limits) Can I take the new job? Can I sew her for making me work late? (she says that I am paid as a manager, so I should work late) Kind Regards, Bobby. Hello,

Help, I do not know what to do: I am 41 years old, I am a Sr. performance manager consultant; this is what I have been doing for the past 18 years.

About 4 years ago, I was hired by my current boss (from another company) to start a new company (my boss and company owner also left a company).

The company grew from 2 persons (us two) to over 20 and 3 branches; I was a huge contributor (knowledge and support) for the success… Nevertheless, during the past 3 years my boss (owner) has been very demanding towards most of the employees; she expects us to work weekends, and late hours of night; I usually work from 7h00 to sometimes 23h00 even past 24h00 (non-stop-eating from desk), there has been days that I do not sleep at all. She even made me work two days after a surgery!!! (I was booked by my doctor for the week)

Working late has been the rule not the exception.

I am very exhausted; 3 excellent employees left the company as a result;

I want to resign as well as it is taking a toll on my health and my family; There is a company that is willing to hire me immediately but it is similar of my current one.

Now my boss is very upset, telling me how bad of a person I am, that I am ungrateful, she calls me at 22h00 of the night threatening me that she will take me to court as I can not work for a similar company; she is talking bad about me, on my back, to other employees and saying “white” lies; this is affecting my future and career… I do not have shares of the company, I am just another employee; I have been the most loyal person of the company.

When I told her that I want to move on, as I can not take it anymore; she threatening me that I can not work for any company that might compete with hers. I told her this is the only experience and knowledge I have, and my whole career is based on this; I have been in this area even before her company existed.

She said that it does not matter, that I have other options, to work for a bank, I can be a PA or Senior Secretary.

What can I do?
Can she apply the restriction of trade? (I signed a document, but is not specific; it does not have any geographical limits)
Can I take the new job?
Can I sew her for making me work late? (she says that I am paid as a manager, so I should work late)

Kind Regards,

Bobby.

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