Asked by the Customer on 20-11-2014 13:06:35
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
I worked for a consulting firm on a permanent basis as a SAP consultant. After two years I resigned and became a freelance consultant working at a company not connected with my old company.
I now also have to opportunity to assist one of the clients I work at in the past while still employed by the consulting firm. I signed a restraint of trade document with them before I started that states the following (shortly):
For a period of 12 (twelve) months following the Termination Date, take up employment with or otherwise become involved in the business of any third party which competes or is likely to compete with the XXXX Group, or with any Client of the XXXX Group, in such a manner which is detrimental or harmful to, or which may negatively impair the business of the XXXX Group;
I have applied for positions with the client in the past, even before working for the consulting house. I ended up not getting a position there due to EE or AA reasons. The client is also close to my home (about 10km drive) compared to the consulting firm which was 110km. Doing work for the client on a temporary basis along with my current client would be ideal and supplement my income. As a consultant, I want to build up a reserve for when my current contract ends and I don't get a new contract immediately.
I did propose to the consulting firm for the billing to happen through them and for them to then get a portion of the hourly rate as a fee. I have yet to hear back from them.
What options do I have and how binding is the restraint of trade?
I now also have to opportunity to assist one of the clients I work at in the past while still employed by the consulting firm. I signed a restraint of trade document with them before I started that states the following (shortly):
For a period of 12 (twelve) months following the Termination Date, take up employment with or otherwise become involved in the business of any third party which competes or is likely to compete with the XXXX Group, or with any Client of the XXXX Group, in such a manner which is detrimental or harmful to, or which may negatively impair the business of the XXXX Group;
I have applied for positions with the client in the past, even before working for the consulting house. I ended up not getting a position there due to EE or AA reasons. The client is also close to my home (about 10km drive) compared to the consulting firm which was 110km. Doing work for the client on a temporary basis along with my current client would be ideal and supplement my income. As a consultant, I want to build up a reserve for when my current contract ends and I don't get a new contract immediately.
I did propose to the consulting firm for the billing to happen through them and for them to then get a portion of the hourly rate as a fee. I have yet to hear back from them.
What options do I have and how binding is the restraint of trade?
If you would like to view the entire answer, you will need to either login or register a FREE account.