I am on a permenant contract and have been for 3 years. My…

Yes I do. Detailed below. However I must point out at this stage that I never received a signed contract back from my employer when I first started:

RESTRAINT UNDERTAKING

I, the undersigned, an employee of BrandMaster (Pty) Ltd. hereinafter the Company), do hereby agree

and undertake in favour of the company, it’s successors-in-title and assigns that:

1. I shall not during the period of my employment with the Company or at any time thereafter

utilise for myself or for any other person, or disclose to any other person, any information or

trade secrets relating to the business of the Company.

2. I shall surrender to the company on demand, and in any event on termination of my

employment with the Company, any documents or records (including written instructions,

notes or memoranda) and any copies thereof which relate to the business of the Company,

irrespective of who the author was of any such document or record.

3. I shall not during the currency of my employment with the Company for any reason

whatsoever (including summary dismissal or notice duly given by the Company) be directly or

indirectly engaged or employed in or associated in any way with any business which is similar

to any of the various businesses of the Company in which I was engaged either at the date of

termination of my employment with the Company or at any time during the twelve month

period preceding the termination of my employment (“the competitive business”).

4. I shall not solicit orders from or do business with any customers or suppliers of the Company

where such order or business are in competition with any of the Company’s activities as at the

date of termination of this agreement; and/or.

5. I shall not encourage or entice to incite or persuade or induce any employee of the Company

to terminate his or her employment whether or not in breach of any agreement.

6. The area to which the restraint referred to in paragraph 3 hereof is applicable and shall be

each of the provinces of the Republic of South Africa as constituted in terms of the relevant

Act. As amended from time to time in which I rendered services to the Company at the date

of termination of my employment and at any time during the twelve month period preceding

the termination of my employment.

The restraint imposed on me in paragraph 3 and 6 hereof shall:

- in respect of each part thereof be entirely separate, severable and separately enforceable

in the widest sense from the other parts.

- be construed as imposing a separate and independent restraint in respect of-

- each of the months falling within the period referred to in paragraph 3;

- every locality falling within the area referred to in paragraph 6;

- every activity falling within the ambit of a competitive business;

- every capacity, in relation to a competitive business, in which I am prohibited from acting

in terms of paragraph 3.

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I acknowledge that the undertaking and restraints referred to above are entirely reasonable,

both in regard to their period and area, having regard to the information relating to the

Company’s business and customers which I shall acquire during the term of my employment

with the Company and I acknowledge that a breach by me of any such restraint shall cause

the Company harm and damage.

Thank you so much for your reply. I have a couple more questions if I may.

1. If she has said there is going to be a unilateral change of the terms of my contract, what process does she/we need to go through in order to institute this?

2. Will she be bound to pay my outstanding salary and expenses at the time of the change or termination of contract? Or is she under no obligation to pay this?

3. If I do not agree to the change in contract from permanent to freelance, surely she would have to fire me or make me redundant.

4. I can’t understand from the restraint of trade in my contract, for how long post my resignation should I chose this route, would I not be able to approach her clients.

5. Given she has not paid me for September (prior to that she paid me on 14 Aug for June and July salary), how enforceable would my notice period be? Reason being I have only taken 2 weeks leave in the last 3 years, and this was when I had a baby as she would not permit me to take maternity leave? I have been fortunate enough to work from home the last 2 years but that was because we were forcibly evicted from our offices because she didn’t pay the rent.

*******************************************************************

| 1

BRANDMASTER

CONTRACT OF EMPLOYMENT

THIS AGREEMENT

is made between:

BRANDMASTER CONSULTING (PTY) LTD,

having its principal place of business at 2nd Floor,

Parktown Design Quarter, cnr 7

th & 3rd Ave, Parktown North, South Africa.

and

BELINDA PALMER

The following terms govern the employment of the Employee by BrandMaster:

1. COMMENCEMENT AND TERM OF EMPLOYMENT

1.1 The Employee’s job title is

General Manager.The Employment shall commence on 6

April 2010

and shall continue until terminated by either party as set out below. No

previous employment shall count as part of the Employee’s continuous period of

service with BrandMaster.

1.2 The first three months of the Employment commencing from the Commencement

Date shall be probationary ("the Probation Period") and during such time BrandMaster

may terminate the Employment by giving, in the first four weeks of Employment, 24

hours notice and for the remainder of the Probationary Period fourteen (14) days

notice in writing to the Employee. During the probationary period the Employee’s

performance will be assessed and he/she will be given reasonable evaluation,

instruction, guidance and mentoring to allow him/her to offer a satisfactory service.

Should it be determined that the Employee’s performance is below standard he/she

will be advised and invited to make representation, BrandMaster undertakes to

consider all such representation. If, after due consideration, BrandMaster finds

him/her to be incompetent or under-performing then BrandMaster may terminate the

Employee’s services or extend the probationary period.

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2. REMUNERATION

Your annual TCTC (total cost to company remuneration) will be

R420000. This will be paid in

twelve equal monthly installments in arrears, directly deposited into your bank account on or

around the

last day of each month. Statutory and/or mandatory deductions and the direct

costs of the benefits you have selected will be deducted.

Benefits

Medical Aid

- Medical Aid is available to you with Discovery Health, the monthly cost of the

medical scheme selected through this service provider will be deducted in full from your

monthly package.

2.1 EXPENSES

Fuel

- Business mileage will be reimbursed at the AA Fuel Rate per kilometer, monthly

in arrears, on submision of a log book reflecting business mileage undertaken.

Expenses

BrandMaster …..time to time

Resonable expenses for travel on behalf of the company will be subject to the

following:

- Accomodation and air travel will be booked and paid for by the Company; if paid

for by the employee reimbursement will be made, monthly in arrears, on

submission of original invoices (not credit card statements). The company will pay

a further Subsistance Allowance in terms of the dictates of the South African

Revenue Services, which may change from time to time.

Subsistance Allowance

- In the Republic of South Africa, meals and incidental costs R 196.00 per day.

- Outside of the Republic of South Africa, meals and incidental costs US$ 190.00

per day. These will be paid monthly in arrears after submission of the necessary

slips.

3. DUTIES, ETC.

The Employee’s duties are to:

3.1

General Duties. Exercise such powers and perform such duties (being duties

appropriate to his/her status, qualifications and experience) in relation to the business

of BrandMaster or the business of any associated company of BrandMaster as may

from time to time be vested in or assigned to him/her by his/her Manager and shall

comply with all reasonable directions from time to time given to him/her by his/her

Manager and with all rules and regulations from time to time laid down by

BrandMaster concerning its employees;

3.2

Full Time. Unless prevented by ill-health or accident and except during holidays

permitted by this Agreement, devote to the business of BrandMaster all of his/her

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time, attention and abilities to his/her duties or as BrandMaster shall from time to time

require;

3.3

Best Efforts. Carry out his/her duties in a proper, loyal and efficient manner and use

his/her best endeavours to promote the interests and reputation of BrandMaster and

its associated companies and not do anything which is to their detriment;

3.4

Location and Travel. Be located at BrandMaster’s head office and to travel to such

places (whether within or outside the Republic of South Africa) in such manner and on

such occasions as BrandMaster may from time to time reasonably require;

3.5

Other Interests. Not hold any other position or job whilst employed by BrandMaster

without the prior written consent of BrandMaster.

3

.6 BrandMaster Policies. Observe and comply with all rules and regulations notified to

the Employee from time to time including, but not limited to, the following policies

(where applicable):

3.6.1 BrandMaster’s Recruitment and Selection Policy

3.6.2 BrandMaster’s Performance Management Policy

3.6.3 BrandMaster’s Disciplinary Policy and Procedure

3.6.3.1 BrandMaster’s Disciplinary Code

3.6.3.2 BrandMaster’s Disciplinary Documentation

3.6.4 BrandMaster’s Internet and Email Policy

3.6.5 BrandMaster’s Sexual Harassment Policy

3.6.6 BrandMaster’s HIV / Aids Policy

3.6.7 BrandMaster’s Leave Policy

3.6.8 BrandMaster’s Employment Equity Policy

3.6.9 BrandMaster’s Problem and Resolution Policy

The employee will receive an employee handbook on commencement of employment. The onus is on

the employee to familiarise themselves with all prevailing HR Policies and procedures which can be

found on the shared hard drive on the company network in the folder titled HR Policies and

Procedures.

Particular attention must be given to the Disciplinary Code and Leave Policy which are incuded in the

handbook

4. WORKING HOURS

4.1 Normal Hours

The Employee’s normal hours of work are 8:30 a.m. to 5:00 p.m., Monday to Friday,

with half an hour for lunch. These hours may vary and/or additional hours may be

required from time to time. There is no additional remuneration for extra hours

worked unless expressly agreed in writing each time. Time off in lieu may be taken

with the prior approval of his/her Manager.

4.2 Leave Entitlement

The annual leave entitlement is 15 working days (excluding public/national holidays in

South Africa) for every full calendar year, or pro-rata depending on the date of

appointment. No payment will be made in lieu of unused annual leave.

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4.3 Public Holidays

BrandMaster recognizes the following statutory public holidays:

New Year's Day

Human Rights Day

Good Friday

Family Day

Freedom Day

Workers’ Day

Youth Day

National Women's Day

Heritage Day

Day of Reconciliation

Christmas Day

Day of Goodwill

Or any other statutory holiday

4.4 Sick Leave

The employee is entitled to 1 day per completed month for the first six months of

employment, thereafter 30 days in every three-year cycle as outlined in the

company’s Leave Policy.

4.5 Study Leave, Maternity Leave and Special Leave are outlined in the company’s

Leave Policy

5. SECRECY AND CONFLICT OF INTEREST AGREEMENT

You are required to understand and accept the Secrecy of Conflict of Interest Agreement

(attached Annexure A) as part of the agreement.

6. RESTRAINT OF TRADE AGREEMENT

You are required to understand and accept the Restraint of Trade Agreement (attached

Annexure B) as part of the agreement.

7. CONFIDENTIALITY AGREEMENT

You are required to understand and accept the Confidentiality Agreement (attached Annexure

C) as part of the agreement.

8. TERMINATION OF EMPLOYMENT

8.1 Following the expiry of the probationary period, employment with BrandMaster may

be terminated at any time by either party giving to the other party one full calendar

month’s notice in writing.

8.2 Without prejudice to any remedy that BrandMaster may have against the Employee,

BrandMaster may terminate the Employee's employment hereunder summarily by

notice in writing, if:

8.2.1 he/she becomes of unsound mind; or

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8.2.2 he/she is guilty of any conduct materially prejudicial to the business of

BrandMaster or of any misconduct, negligence, default or serious breach or

non-observance of any of the stipulations contained or referred to herein; or

8.2.3 he/she becomes incapacitated by illness or injury for a continuous period of 3

months or for an aggregate period of 4 months in any 12 month period; or

8.2.4 he/she is convicted of any criminal offence or commits any act of dishonesty

which is materially prejudicial to the business of BrandMaster; or

8.2.5 he/she has a petition for a bankruptcy order presented which is not

discharged within 12 months or a bankruptcy order made against him/her or if

a receiver or trustee in bankruptcy is appointed of his/her estate.

8.3 This contract will automatically terminate at the retirement age of 65 and there shall

be no legitimate expectation of continued employment.

8.4 The expiry or termination of this Agreement howsoever arising shall not operate to

affect any of the provisions hereof which are expressed to operate or have effect

thereafter, and shall not prejudice the exercise of any right or remedy of either party

accrued beforehand.

9. MISREPRESENTATION

The Employee shall not at any time knowingly, deliberately or negligently make any untrue

statement in relation to BrandMaster or any associated company, and in particular shall not

after the termination of his/her Employment hereunder wrongfully represent him/herself as

being employed by or connected with BrandMaster or any associated company.

10. WARRANTY

The Employee hereby warrants to BrandMaster that by entering into this Agreement he/she

will not thereby be in breach of any previous contract of employment and in particular, but

without prejudice to the generality of the foregoing, any covenant or restriction preventing

him/her from taking up the position herein offered and accepted.

11. EMPLOYEE'S OBLIGATIONS UPON TERMINATION

11.1 Upon the termination of his/her Employment hereunder for any cause whatsoever the

Employee shall:

11.1.1 immediately deliver up to BrandMaster all documents, statistics, accounts,

records, programs, equipment, hardware and other items of whatsoever

nature or description which may be in his/her possession or under his/her

control which relate in any way to the business or affairs of BrandMaster or of

any associated company and no copies of any such documents as aforesaid

or any part thereof shall be retained by him/her and if requested by

BrandMaster he/she shall sign a certificate certifying that he/she has

complied with this clause;

11.1.2 forthwith resign without claim for compensation from any office as a Director

or other officer of BrandMaster and/or of any subsidiary or associated

company of BrandMaster as he/she may hold at the time of such request and

should he/she fail to do so BrandMaster is HEREBY IRREVOCABLY

AUTHORISED to appoint some person in his/her name and on his/her behalf

to sign and do any documents or things which are required to give effect

thereto.

| 6

12. NOTICES

12.1 Any notice or other document to be given or served hereunder shall be in writing and

shall be delivered or sent registered mail or facsimile message to the Employee at

his/her address appearing in this Agreement or such other address as he/she shall

substitute for such purpose by notice given to BrandMaster, or, in the case of notice

to BrandMaster, to its registered office for the time being (marked for the attention of

the Managing Director).

12.2 Any such notice or document shall be deemed to have been served:-

12.2.1 if delivered, at the time of delivery; or

12.2.2 if sent by facsimile, upon receipt of the appropriate answerback code; or

12.2.3 if posted, on the second business day following that on which the envelope

containing the same shall have been put into the post.

In proving such service it shall be sufficient to prove that delivery was made or that

transmission was duly made and received or that the envelope containing such notice

or document was properly addressed and posted as a prepaid registered letter.

13. NO WAIVER

The failure by BrandMaster to require strict performance by the Employee of any provision

hereof or to avail itself of its rights hereunder against the Employee shall in no circumstances

operate as a waiver of or in any way diminish the rights of BrandMaster to require strict

performance, enforce compliance or avail itself of its rights on any other occasion or in relation

to any other provision hereof.

14. INVALIDITY

Notwithstanding that any provision of this Agreement may prove to be illegal or

unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

15. VARIATION

No variation, modification or alteration of any of the terms of this Agreement shall be of any

effect unless in writing signed on behalf of each party.

16. HEADINGS

The headings to the clauses of this Agreement are included for convenience only and shall

not affect the construction hereof.

17. THE DOCUMENTS REFERRED TO HEREIN

The provisions of each and every document referred to in this Agreement (as amended from

time to time) shall form part of this Agreement as if the same were set out in full herein.

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18. CANCELLATION OF PREVIOUS AGREEMENTS

As from the date hereof all previous agreements between BrandMaster and the Employee

relating to the employment of the Employee by BrandMaster shall be deemed to have been

cancelled.

19 GOVERNING LAW

This Agreement shall be governed by and construed under the Law of the Republic of South

Africa and each of the parties hereto submits to the jurisdiction of the South African Courts as

regards ***** ***** or matter arising under this Agreement.

IN WITNESS

whereof this Agreement has been duly executed as a Deed the day and year first before

written.

THUS DONE AND SIGNED AT ____________ ON THIS _ DAY OF __________ 2010

__________________________________

BRANDMASTER

As Witnesses:

1 ______________________________________

2 ______________________________________

THUS DONE AND SIGNED AT ____________ ON THIS _ DAY OF __________ 2010

__________________________________

BELINDA PALMER

As Witnesses:

1 ______________________________________

2 ______________________________________

| 8

ANNEXURE ‘A’

SECRECY AND CONFLICTS OF INTEREST AGREEMENT

1. Introduction

1.1 It is the policy of this Company and its holding, and associated companies

(hereinafter jointly and severally referred to as the Company) that we conduct our

affairs and business in a manner consistent with high moral and ethical standards. In

this regard it is our policy to avoid situations, which might adversely reflect on the

integrity, objectivity, impartiality and independence of our Company, and its

employees in dealing with suppliers and customers and other parties. Situations,

which could detract from such a policy, including conflicts of interests, are to be

avoided.

We accordingly require that a statement be obtained from each of the Company’s employees

to the effect that he or she does not have directly or indirectly, any interest or involvement in

or association of any nature whatsoever with any supplier of goods and/or services to the

Company or any customer of the Company and furthermore that he or she has no direct or

indirect interest in transactions with any such supplier or customer. If there should by any

exception or any doubt in the mind of the employee this must be disclosed in writing and this

agreement and the written explanation should be handed in within 24 hours of receiving this

agreement, where after the matter will be discussed with the particular employee.

1.2 Terms of Secrecy Agreement

1.2.1 You hereby agree and undertake expressly to keep secret all information of

whatsoever nature at your disposal or within your personal knowledge and belief. No

information of whatsoever nature pertaining to any record written, microfilm, electronic

or verbal may be disseminated to any party within or without the Company without the

express written permission to disseminate any such information from a Director or

duly authorised person or unless the dissemination is part of your specified and/or

agreed duties.

1.2.2 Furthermore you agree and undertake expressly not to disclose or publish any

information of, or concerning the Company, it’s recipes, formulations, trade secrets,

it’s business and affairs including management and staff, suppliers and customers

except to the extent that this is strictly necessary in the course of your duties and the

Company’s business, or if so required by the Company or by law.

1.2.3 You further agree and undertake as a material part of this Letter of Appointment not to

divulge anything or cause anything to be divulged to any unauthorised party which

you may have learned or observed in the course of your employment as an employee

of the Company which is private and confidential, or is any way negatively prejudicial

to the standing and competitive advantage of the Company.

1.2.4 You further agree that you will disclose in writing receipt of any gifts from any

supplier/customer regardless of the value of such gifts.

1.2.5 You further undertake that should circumstances occur during the course of your

employ, which could affect the undertaking you have given in terms hereof, you will

immediately notify the Company in writing of those circumstances.

This secrecy provision will be deemed to be in full force and effect and binding on you during

and after the term of your employment with the Company, and you agree that breach of this

agreement may give rise to criminal and/or legal action being taken against you to which you

will pay on demand all costs the Company may incur in terms of legal fees and disbursements

on the Attorney and Client scale of fees, which if not paid on demand may be sued for in the

| 9

Magistrate’s Court whose jurisdiction irrespective of the amount is hereby agreed to by you in

terms of the Magistrate’s Court Act.

Furthermore you are advised that should you be found to have breached any part of this

agreement the Company would summarily terminate your employment.

2. TERMS OF CONFLICT OF INTERESTS AGREEMENT

2.1 Introduction

In terms of your Conditions of Service the following are the rules regarding outside

employment:-

a) Employees may not perform, or engage in, work for remuneration outside the service of

the Company without written permission.

b) Employees must notify the Company of any Directorship or membership of a close

corporation they may hold otherwise than by appointment by the Company, and they must

not accept any Directorship or membership of a close corporation in future without the

written permission of the Company.

c) Employees cannot participate in or associate themselves with any enterprise whose

interests may conflict with those of the Company.

Any permission to perform outside work for remuneration is granted on the understanding that

it may be withdrawn at any time at the discretion of the Company.

There is normally no objection to employees serving on committee’s for charitable, religious,

sporting or education bodies, always provided that such activities are undertaken in

moderation and outside working hours.

2.2 Terms of Agreement

2.2.1 You hereby agree and undertake that during your period of employment all your

efforts in the areas encompassed by the Company’s commercial and business

activities shall be to the sole benefit of the Company. No commercial or business

activities engaged in by the Company may be engaged in by you directly or indirectly,

without written permission from the Directors of the Company which shall not be

unreasonably withheld.

2.2.2 You undertake not to perform or engage in work for remuneration outside the service

of the Company without the express permission of the Company.

2.2.3 You undertake not to accept any full or partial appointment as a Director or member

of a closed corporation without the permission of the Company.

2.2.4 You understand, that if in the opinion of the Company there is a conflict of interests,

any permission granted in terms of this paragraph (Para 2) of the agreement that the

Company can summarily withdraw such permission and/or summarily terminate your

services.

3. NOTICE

Due to the fact that this agreement is part of the Conditions of Service of the Company and is

a necessary requirement for employment with the Company. Failure to accept this agreement

in full will result in any existing or potential employee not being appointed to the staff

establishment of the Company.

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I,____________________________________ state that I have read and understand this agreement.

Furthermore I agree to it and will comply with the terms hereof and I am not at date hereof in breach of

any of the above provisions.

SIGNED DATE

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ANNEXURE ‘B’

RESTRAINT UNDERTAKING

I, the undersigned, an employee of BrandMaster (Pty) Ltd. hereinafter the Company), do hereby agree

and undertake in favour of the company, it’s successors-in-title and assigns that:

1. I shall not during the period of my employment with the Company or at any time thereafter

utilise for myself or for any other person, or disclose to any other person, any information or

trade secrets relating to the business of the Company.

2. I shall surrender to the company on demand, and in any event on termination of my

employment with the Company, any documents or records (including written instructions,

notes or memoranda) and any copies thereof which relate to the business of the Company,

irrespective of who the author was of any such document or record.

3. I shall not during the currency of my employment with the Company for any reason

whatsoever (including summary dismissal or notice duly given by the Company) be directly or

indirectly engaged or employed in or associated in any way with any business which is similar

to any of the various businesses of the Company in which I was engaged either at the date of

termination of my employment with the Company or at any time during the twelve month

period preceding the termination of my employment (“the competitive business”).

4. I shall not solicit orders from or do business with any customers or suppliers of the Company

where such order or business are in competition with any of the Company’s activities as at the

date of termination of this agreement; and/or.

5. I shall not encourage or entice to incite or persuade or induce any employee of the Company

to terminate his or her employment whether or not in breach of any agreement.

6. The area to which the restraint referred to in paragraph 3 hereof is applicable and shall be

each of the provinces of the Republic of South Africa as constituted in terms of the relevant

Act. As amended from time to time in which I rendered services to the Company at the date

of termination of my employment and at any time during the twelve month period preceding

the termination of my employment.

The restraint imposed on me in paragraph 3 and 6 hereof shall:

- in respect of each part thereof be entirely separate, severable and separately enforceable

in the widest sense from the other parts.

- be construed as imposing a separate and independent restraint in respect of-

- each of the months falling within the period referred to in paragraph 3;

- every locality falling within the area referred to in paragraph 6;

- every activity falling within the ambit of a competitive business;

- every capacity, in relation to a competitive business, in which I am prohibited from acting

in terms of paragraph 3.

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I acknowledge that the undertaking and restraints referred to above are entirely reasonable,

both in regard to their period and area, having regard to the information relating to the

Company’s business and customers which I shall acquire during the term of my employment

with the Company and I acknowledge that a breach by me of any such restraint shall cause

the Company harm and damage.

Signed at on 2010

For and on behalf of the company who warrants that

he is duly authorised hereto.

Signed at on 2010

The Employee

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ANNEXURE ‘C’

CONFIDENTIALITY AGREEMENT

1. You shall not, during the operation of this agreement or thereafter, regardless of the reasons

for termination of your employment, use for your own benefit or for the benefit of any other

person or divulge or communicate to any person or persons, except to those of the officials of

the Company whose province it is to know the same, any of the Company’s secrets or any

other information which you may receive or obtain in relation to the Group’s affairs or its

customers or to the working of any process or invention or to any marketing technique which

is carried on or used by the Company. For the purpose of this clause, the confidential

information, (including commercial or technical secrets of the Company) which may not be

divulged or communicated by you to any person whatsoever, save as aforesaid, shall include

but shall not be limited to:-

2. the names of the principals, agents and suppliers of the Company;

2.1 the contractual arrangements between the Company and its principals, agents and

suppliers;

2.2 the financial details of the Company’s relationships with its principals, agents and

suppliers;

2.3 the names of Company’s customers and prospective customers;

2.4 the contractual arrangements between the Company and its customers;

2.5 the financial details, including credit and discount terms, of the Company’s

relationship with its customers;

2.6 details of new products being investigated by the Company;

2.7 the formulation of any of the products manufactured or sold by the Company;

2.8 details of the Company’s financial structure or operating results;

2.9 details of the remuneration paid by the Company to its various employees;

2.10 any other matter, which relates to the business of the Company and in respect of

which information is not readily available in the ordinary course of business to a

competitor of the Company.

2.11 You agree that this undertaking is reasonable and that the nature of the Company’s

business is such that matters recorded herein are legitimate interests, which require

protection.

Having understood the foregoing, I agree that it correctly sets out the additional terms and conditions

upon which I accept employment with the company.

Accepted at ______________ on this the ________________ day of ________2010

____________________________ ______________________________

(Name) (Signature)

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LETTER OF APPOINTMENT AND TERMS & CONDITIONS OF EMPLOYMENT ANNEXURE

ATTACHMENTS

A. Job/Position Description

B. Secrecy and Conflicts of Interest Agreement

C. Restraint of Trade Agreement

D. Confidentiality Agreement

I confirm that the above mentioned documentation has been handed to me.

Confirmed at on this the day of 2010

(Name) (Signature)

i there, am I permitted another question, or do I need to go through the registration process again?

If I am permitted, here is the question:

My bosses proposal is as follows:

As a result of this instability my suggestion is that we move to a freelance model where you quote for work on a project basis. This will allow you to continue with other clients whilst ensuring the business is sustainable, based on delivery.

If I agree to this change in my role and would therefore no longer be 'employed' by the company, would I still be bound by the restraintive trade clause? The reality is she has a history of not paying her staff or suppliersa, and my expenses have been outstanding for nearly a year, she is certainly not going to pay me dedundancy.

Therefore, if I am no longer bound by the contract and move to a freelance model, am still bound by the restraintive trade clause?

Thank you for your reply.

Ok so if accept becoming a freelance doing the same job as I do now, and find my own clients, then there is no issue.

And the constraint would be of little consequence if I invoice her for work for her existing clients?

But if freelance for her, invoice her, and she continues not to pay me, clients still won't have the choice to rather work directly with me because of her history of not paying her suppliers (i.e. me)?

Ok so working with my clients ok, but if I become freelance, within the 12 months after the disolution of my employment contract I still can't work directly with or can't invoice her clients directly for freelance services rendered to them, even if they would prefer to work with me?

Hi there, I am liaising with my employer and have told them that I do not agree to a change in my employment terms have requested they either issue me a formal notification of redundancy or put some options or terms on the table for discussion. They are insisting that I continue to do work whilst they decide options or terms, and are still refusing to pay my outstanding salary for September and my expenses. Am I obilged under law to continue working ?

Sorry I was busy editing my question when I received your reply! One other question:

She is also saying that in the meantime, I if I do freelance work, I am in breach of my contract. Do I not have a constitutional right to earn a living, especially being a single mother? A consultant who freelances for a client of hers (client A), wants me to do work for a totally different client (client B). My boss has previously presented their product to client B but I have never done any work with them in my current capacity. Am I prohibited from working with Client B under my restraint of trade? I am desperate to earn a living.

Hi there, are you able to reply so long after my initial question?

I need to ask three follow up questions:

A) My employer has not given me my payslips for over a year. Is there anything I can do about this to force her to give them to me? I need to go overseas because I cannot find a job here in SA and need my payslips to prove my income, but because she will not give them to me despite numerous requests, she is now not only not paying me, but she is prohibiting me from moving so that I can get a job elsewhere

B) Once again she hasn't paid me for 2 months. A client is pushing me to do some work for her, can I tell the client that as my boss hasn't paid me for 2 months I cannot do the work for her?

C) Is there anything in my contract that my boss can sue me for if I tell the client this (i.e. like sue me)?