Souds very mafia like......!!
You WILL be paid whatever we can, and NO, you may NOT resign to go and work for the competition where you can most likely earn a better salary. Very mafia like....!
Why not just pay the employee sufficiently to prevent them from leaving, he is, after all, an asset to the company, if he is deemed so critical to have a restraint placed on his future employment.
I'd say they should test it in court and seeing as the company will lay the charge the accused can revert to state appointed council (if none can be afforded). I'm very sure the company have the right to prosecute, but I'm not so sure that they will win the case.
And the piece of paper you signed agreeing with the limitation is alos not really worth that much. Again, very mafia like, sign this limitation or risk getting fired, or being looked over for the next promotion!!! An employee WILL sign if he is desparate to keep his job. It's very easy to prove it was signed under duress.
I am no legal expert, I am stating my opinion.
Johan De Graaf
Ons Vir Jou Suid Afrika
2016 Range Rover Sport 5.0 V8 S/C HSE Dynamic
2010 Toyota Hilux Legend 40 S/C
2016 Venter Off-roader