Question:

I am a non executive director sales director of a company with a restraint of trade contract in force. Recently I have been summoned to a meeting with the executive board and was told that my work performance is poor and that I must come up with a plan of action to remedy the situation or else I will be fired. The restraint is for a period of two years and the geographical region is the whole of South Africa. If I choose to be fired will I be remunerated.

Answer:

You cannot choose to be fired. You may be asked to resign by the board. If this is the case then you must request that they reduce to writing that your current restraint be declared null & void. They must give you this first before you resign if this is the route you choose to avoid disciplinary action. Restraints are extremely difficult and costly to enforce and current case law favours the employee as it is unconstitutional to restrict a persons right to earn a living. In saying that you may not then approach previous clients to solicit business and/or divulge any confidential company info such as pricing.

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