“I signed a Restraint of Trade. Now I want to quit my job. Is the restraint of trade legal?” This question is regularly asked by employees – generally around the time that the employee decides to look for other employment. Sometimes the question is only asked after the employee has taken up a position at another company – often the competitor. And then they get a fright when suddenly faced with legal action based on a restraint they had forgotten that they had even signed.
One of the many distinguishing factors between homo sapiens and the rest of the animal kingdom is the humanoid’s propensity to smoke substances of varying varieties. Whatever the reason – religious, cultural, pleasure, habit, image, addiction – it is a practice that has perpetuated for centuries. During the 20th century, however, the advancement of medical research unveiled the dangerous side-effects of this long-lasting custom. This led to a global trend of imposing restrictions on smokers and tobacco companies alike. Amongst these restrictions is the now accepted imposition of smoke-free zones (such as offices and public spaces) and the establishment of designated smoking areas outside of which smokers may not publicly indulge in their habit. These restrictions, coupled with the indisputable health risks associated with smoking, exposed a gap in the market; the search was on for a product that the health-conscious smoker, unwilling or unable to kick the habit, could safely use as a guilt-free alternative.
South African labour law recognises that it is may sometimes be necessary for a company to implement a zero-tolerance policy. Particularly where the policy has been implemented to guard against a serious risk to the Company. But that doesn’t mean that the company can act with impunity. Can a Company dismiss an employee for a minor transgression on the basis of its Zero Tolerance policy?
- Where can you get a Will?
When it comes to drafting your Last Will and Testament, the first thing to decide is: “Where can I get a Will from?” To answer this, consider whether you’re comfortable with using a template, or if you’d prefer that someone drafts it for you. If your estate is relatively uncomplicated then a template can be a quick, easy and cost-effective option. But if you’re hesitant, or you have more complex requirements, then rather consult with a specialist for some advice.