I visited an old regular of mine this morning. Did not know it was her, as the area changed and she had a new name.

So on the plinth, i asked why did you change your name? Surely your old name will draw lots of your old clientele? (She is a lovely, lovely girl, body to die for, give excellent massage etc).

So she told me her previous venue scared the shit out of her. Told her she has signed a restraint of trade etc and she cannot work in Pretoria again. Apparently texting or calling her quite regularly, but also wanting her to come back.

I told her she must call their bluff! As a massage business there is no "trade secret" that a court will uphold. That is if they have the guts to take it to court. Surely in a (semi/fully?) illegal business, this cannot even make it to court. I said to her it is like 2 thieves stealing a car and then the one thief does not want to share the proceeds. The thief at the short end cannot go to court to force the other one to pay up!?

I am 99,9% certain my logic is correct. But would appreciate validation from a legal person (as i am not a legal expert).

And also to help other ladies in the same situation.

On 2024-09-09 13:52:48 Fred9 said:
I visited an old regular of mine this morning. Did not know it was her, as the area changed and she had a new name.

So on the plinth, i asked why did you change your name? Surely your old name will draw lots of your old clientele? (She is a lovely, lovely girl, body to die for, give excellent massage etc).

So she told me her previous venue scared the shit out of her. Told her she has signed a restraint of trade etc and she cannot work in Pretoria again. Apparently texting or calling her quite regularly, but also wanting her to come back.

I told her she must call their bluff! As a massage business there is no "trade secret" that a court will uphold. That is if they have the guts to take it to court. Surely in a (semi/fully?) illegal business, this cannot even make it to court. I said to her it is like 2 thieves stealing a car and then the one thief does not want to share the proceeds. The thief at the short end cannot go to court to force the other one to pay up!?

I am 99,9% certain my logic is correct. But would appreciate validation from a legal person (as i am not a legal expert).

And also to help other ladies in the same situation.

Your logic is sound, and I'll provide additional context.


Restraint of trade clauses are difficult to enforce, especially in illegal or semi-legal businesses. Courts typically won't uphold contracts related to illegal activities.


In South Africa, restraint of trade clauses must meet specific requirements:


1. Reasonable geographic scope
2. Limited duration
3. Protect legitimate business interests


In this case:


1. The previous venue's actions seem coercive.
2. The clause likely won't hold up in court.


Your analogy about thieves is apt. Illegal businesses can't seek legal recourse for disputes.


To further support your argument:


- Consult with a lawyer specializing in labor or contract law.
- Review South African laws: Employment Rights Act, Contract Act, and relevant case law.


For the lady's protection:


- Document all correspondence with the previous venue.
- Keep records of any threats or harassment.
- Consider reporting incidents to authorities.


Resources:


- South African Labour Law publications
- Law Society of South Africa
- Women's Legal Centre (WLC) - providing legal assistance to women


Your advice to "call their bluff" is reasonable, but ensure she prioritizes safety.


Would you like more information or specific legal resources?

Meta AI... lol.




Okay, I will stop now.

Here is best advising.

Stay it the fuck away from all this things.

You think she liking you the more, because you acting like you gives a sheet?

Arrey nahin,baba.

You go and fuck.
Then you just go.

Samjha naa?

Restraint of Trade in this business ???? WTF ? I have seen and heard it all.

Maybe she must refer to her "contract of Employment".

Goodbye.

Hand jobs are barely a trade secret, but then a again a good might be given how some ladies handle ones member. But I have worked with multiple labour cases and can say that unless there is a contract where she signed a non compete clause, which I doubt but that will need to be checked they cannot keep her from working. Have her check out the contract if she signed one, otherwise they have zero legal footing to keep her from working.

You cant place a restraint of trade on anyone in SA who is earning a living doing what they do. Selling off a million dollar company I'm sure is vastly different
Friend of mine resigned amid bad employment relations, and started on his own in opposition to his former employer, and was taken to task over this. They said he had signed restraint of trade in his employment contract valid for a year after he left the company. My friend came out ontop with costs.

I hate how some venues thinks they own ladies,I have had 2 ladies working at my place.Who lived in fear because of their previous venues,the owners would even use different numbers to make fake bookings.One lady she kept receiving treats until she had to leave and changed her name,because the owner wouldn't stop checking where she was:(

They can enforce a restraint of trade in a particular area, and for a particular skill if they pay her for it at the rate she was earning, and for the time they want the restraint.

... All things being equal (above board).

As far as I am aware, a Court cannot enforce a contract that would amount in the first instance to conduct which is illegal ...