Settlement agreements Archives

Settlement agreement disputed: Cause of action?

by GilesFiles | Oct 20, 2025 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Government, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legality principle, Legislation, LRA 1995, LRA D: 151-166 LC, Objective - correctness, Orders, Parties, Provincial, Resolving disputes (LRL 3), Review tests, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Contrived contractual breach: Lawful disciplinary process

by GilesFiles | Apr 14, 2025 | 2020 onwards, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Conduct - gross, Contractual breach, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interdicts & rules, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, Non-profit organisations, Orders, Parties, Personal services, Refused, Resolving disputes (LRL 3), Sectors, self-created urgency, Settlement agreements, Specific performance, Statutory, Termination (LRL 8), Topics, Unlawful and void | 0 |

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Remuneration after reinstatement ordered: Backpay calculation

by GilesFiles | Oct 8, 2024 | 2020 onwards, Applications, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Operation of law, Orders, Parties, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Settlement agreements, Severance pay, Specific performance, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disputed settlement agreement: But no dismissal?

by GilesFiles | Aug 2, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Connie Prinsloo, Courts, Declaratory, Deemed, Disputes: right or interest, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Operational reasons, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Settling under duress: Proof of dismissal?

by GilesFiles | May 20, 2024 | 2020 onwards, Applications, BM Whitcher, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 1995, Manufacturing, Mutual termination, Orders, Parties, Private enterprises, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Special pleas, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Disputed settlement agreement: Genuine factual dispute?

by GilesFiles | Apr 26, 2024 | 2020 onwards, Appeals, Appeals - leave, Applications, Awards -s145 see also Sidumo, BCEA 1997 (LRL 10), BCEA 77(3) & 77A(e), Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Disputes: factual, Evidence & onus, Fair procedure, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Sidumo - see also awards s 145, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Binding separation agreements: Probabilities before credibility

by GilesFiles | Apr 11, 2024 | 2020 onwards, Allowed, André van Niekerk, Appeals, Appeals - leave, Causes and defences, Common law, Consistency element, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Fixed-term, Granted, Interpretation etc, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Lawfulness & fairness, Legal Practice, Legislation, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 198 Temporary employment services, LRA 1995, Mutual termination, Objective - correctness, Orders, Parties, Personal services, Private enterprises, Private security, Review tests, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Collective bargaining process: Undermining considered

by GilesFiles | Nov 23, 2023 | 2020 onwards, Applications, Causes and defences, Collective Bargaining (LRL 5), Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Hospitality, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, LRA 03: 11-63 Bargain, LRA 07: 112-184 Dispute, LRA 1995, Management, Orders, Parties, Performance, Policies - all, Private enterprises, Protectable interests, Public policy, Review tests, Rules Codes & Manual, Sectors, Settlement agreements, Stated case, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

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Genuine operational requirements: Unfair procedure

by GilesFiles | Nov 20, 2023 | 2020 onwards, Causes and defences, Costs, Courts, Declaratory, Edwin Tlhotlhalemaje, Interpretation etc, Judges, Jurisdiction & powers, Just and equitable relief, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 07: 112-184 Dispute, LRA 08a: 185-197B Dismissal, LRA 08a: 189 and 189A see Termination, LRA 1995, Operational reasons, Orders, Parties, Personal services, Private security, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Disputed settlement agreement: Final and binding

by GilesFiles | Oct 27, 2023 | 2020 onwards, Applications, Causes and defences, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, Orders, Parties, Rules Codes & Manual, Sectors, Selected judges, Settlement agreements, State Owned Enterprises, Statutes (LRL 2)-work, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Defective settlement agreement: Not made order

by GilesFiles | Oct 26, 2023 | 2020 onwards, Applications, Causes and defences, Costs, Courts, Declaratory, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC-Practice Manual, Legal Practice, LRA 07: 112-184 Dispute, LRA 1995, Orders, Parties, Personal services, Private enterprises, Rules Codes & Manual, Sean Snyman, Sectors, Selected judges, Settlement agreements, Statutes (LRL 2)-work, Statutory, Topics | 0 |

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Disputing settlement agreement: Valid and binding

by GilesFiles | Oct 18, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Construction industry, Courts, Interpretation etc, Judges, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 08a: 189 and 189A see Termination, LRA 1995, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Settlement agreements