Question:
I have been issued a warning letter regarding my restraint of trade. Restraint is medical recruitment 12 months and the whole of South Africa. I have not been in contact with any of their Clients except their Candidates. Candidates to me do not belong to a Company and have freedom to be recruited within any recruitment agency. I respect their 12 months on their Client base but surely I have a leg to stand on regarding applicants. I also do not use the same pricing structure they do. Any advice?
- Brickwall from Crestock Photos
Answer:
As I have said numerous times before, do not worry about the restraint. Case law is in the employees favour and it is extremely costly for a company to proceed this way through civil courts. As long as you are not divulging confidential information and purposely poaching clients the law is in your favour. So, in short, continue with what you are doing.
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I received a first letter of warning, for “misconduct”.
A staff member said I confronted her on a non work issue in a aggressive manner, and now I am being accused of being “passively aggresive”. No witness. Is this warning to stand for 6 months? I refused to sign, so a 3rd party was called in while the letter was read to me.
Please advise