Settlement agreements Archives

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 1995, LRA 8a: 185-197B Dismissal, 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 |

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,...

Disputed settlement agreement: But no dismissal?

by GilesFiles | Aug 2, 2024 | 2020 onwards, Applications, Banks, Causes and defences, Connie Prinsloo, Courts, Declaratory, Deemed, Finance, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, 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 1995, LRA 8a: 185-197B Dismissal, 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, Evidence & onus, 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 1995, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, 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), TES - LRA 198, 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 1995, LRA 3: 11-63 Bargain, LRA 7: 112-184 Dispute, 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 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, LRA 8a: 189 and 189A see Termination, 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 1995, LRA 7: 112-184 Dispute, 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 1995, LRA 8a: 189 and 189A see Termination, Objective - correctness, Operational reasons, Orders, Parties, Private enterprises, Review tests, Sectors, Settlement agreements, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics | 0 |

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Settlement agreement disputed: Unlawful or unenforceable?

by GilesFiles | Jun 7, 2023 | 2020 onwards, Applications, Causes and defences, Conduct & capacity, Connie Prinsloo, Contractual breach, Costs, Courts, Declaratory, Government, Incompatibility, Interpretation etc, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, LC Rules-new, LC Rules-old, Legal Practice, Legislation, Local, LRA 1995, LRA 8a: 185-197B Dismissal, Orders, Parties, Performance, Review tests, Risks, Rules Codes & Manual, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trust & confidence | 0 |

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Re-employment or reinstatement: Clear distinction

by GilesFiles | Apr 20, 2023 | 2020 onwards, Appeals, Appeals - leave, Associations/corporates, Causes and defences, Conduct & capacity, Contractual breach, Costs, Courts, Disallowed, Government, Interpretation etc, Judges, Labour Relations, Legal Practice, Legislation, Local, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Reinstatement, Rules Codes & Manual, SCA judges, Sectors, Settlement agreements, State organs, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics, Trade unions | 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