Document background
The Cease and Desist Letter to Former Employee is a crucial legal instrument in South African business practice, typically employed when a former employee engages in activities that breach post-employment obligations or threaten the company's legitimate interests. These activities might include misuse of confidential information, violation of non-compete agreements, solicitation of clients or employees, or unauthorized use of intellectual property. The document must comply with South African labour law, including the Labour Relations Act 66 of 1995, while respecting constitutional rights to work and trade. It serves as a formal warning before potential legal action and should clearly outline the specific violations, demands, and consequences of non-compliance. The letter's effectiveness often depends on its precise drafting and alignment with both statutory requirements and common law principles.
