Question:

I worked for a recruitment company for 16 months and decided to resign due to the company making my working conditions unbearable. I was consultant of the branch for 4 consecutive quarters and the year however being a single mom was having problems financially. My MD called my family members to confirm that my expenses are what I said they were as well as did an ITC check without my knowledge and forced me to go to counseling, further to that they sent an e-mail to the psychologist to enquire how the sessions were going. I have taken them to the CCMA for constructive dismissal and in the mean time have consulted and consulting for my friends recruitment agency. They are now saying they are going to enforce my restraint of trade which states that I am not allowed to worked in any capacity for another recruitment agency for 1 year. I have not placed with any of their clients and taken no business away from them. Do they stand a chance enforcing the restraint and how would they go about doing this?

Answer:

Relax and carry on! It is extremely costly and difficult to enforce a restraint. They can only try this via civil court which will have an initial application cost of circa R30K and then with current backlogs can take around 18 months to get through at additional costs. Next is the fact that there is strong case law against them and the courts take a view that it is unconstitutional to restrict a persons right to gain employment so they will in all eventuality not win in the end. If you are not poaching clients and divulging their confidential info then they have nothing.

Now ask yourself are they really going to go to the wall with all of this for little old you – not. So empty threats!

Good luck with CCMA. Note that constructive dismissal cases have the lowest success rate circa 6% as they are extremely difficult to prove, You will have to provide evidence of emails, harassment,contact with psychologist etc.. Your word alone will not be accepted so make sure you have proof. Remember that no one in the company will testify for you and against the company so any friends you had there will be no more. Not making you negative just giving you reality. Carry on working as you are and ignore threats. I would say “bring it on”!

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