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Thread: Voluntary retrenchment

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    Voluntary retrenchment

    Our company recently restrict all my Travell reason given were poor economy I only handle the export market so effectively it hold me back from visiting prospect and client. A meeting were held after which we were informed that cost saving are to be implemented which will include retrenchment. I then volunteered for a retrenchment package. My question can the company enforce a restraint of trade against me after I leave the company. .. It is different than resigning. Whereby the restraint will be enforceable

    Can someone help

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    Site Caretaker Dave A's Avatar
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    Negotiate on the terms of the restraint as part of the voluntary retrenchment package, perhaps?
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    It is unclear if there is already a restraint in your contract, or if you suspect/fear that they would want to enforce a restraint.

    The summation of restraints is that if contracted thereto then it stands, on the basis of a person chose to sign and enter into a contract, but it can be challenged. Grounds being that it is unreasonable etc, etc. Courts may uphold the restraint or edit parts of it such as area, time period etc.

    Many of the elements that a restraint seeks to protect are often protected by common law. These are things such as approaching clients and such
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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