Labour and HR Club Q&A

What can you do when you think your employee’s gone AWOL?

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"Can we refuse to pay him his last salary payment if we don’t get the signed contract back?"

We employed a new person 5 months ago. We gave him an employment contract, which included a restraint of trade clause (and included an annexure with the full restraint of trade).
We never followed up and got the signed contract back.
The employee has now resigned. We have asked him to sign his employment contract, as we think he may be going to a competitor and want to enforce the restraint of trade.
My question is:
1. Now that he has resigned, can we ask him to still sign his employment contract?
2. If he refuses to sign it – what legal action could we take?
3. Can we refuse to pay him his last salary payment if we don’t get the signed contract back?


Added to
  • Employment terms and conditions
  • Signed contract
  • Restraint of trade
  • Refuse salary

Sandy
 User  Sandy asked at 05 Feb. 2013

 

1 answer

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RachelP
 User RachelP answered to question to 06 Feb. 2013
My sense is that it is too late to force him ro sign the contract now, you can also not withhold payment from him. All you can do at this stage is to try andestablish whether he has taken any of your confidental info with him. That he cannot do. But you cannotrevent him from working for the competitor witthout the contract



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