View RSS Feed

Recent Blogs Posts

  1. Settlement agreements - Part 2

    From a contract law perspective

    In part two of dealing with settlement agreements we set out some basic elements of contract law that remain relevant in labor contracts and specifically settlement agreements.

    1. The party relying on the agreement bears the onus to show the Court that:-
    i) an agreement is in existence,
    ii) it was made voluntary,
    iii) and that it was made with full knowledge of its terms and implications.

    GOLIN t/a ...
  2. Settlement agreements - PART 1

    Game over for the employee or just a hindrance?

    Employees who have signed settlement agreements often find their CCMA claim shattered before it starts. A settlement agreement, in principle, constitutes a waiver of the employee’s rights and therefore renders a dispute non-existent and the CCMA is subsequently without jurisdiction. Many employers, labor practitioners and advisors make use of settlement agreements at the end of the employee’s tenure as a way to eliminate further disputes ...