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Both Barkhuizen v Napier and Brisley v Drotsky are cited at pages 107 and 108 of Du Toit et al Labour Relations Law: A comprehensive guide 6th ed, 2015 [LexisNexis]
Reported:
[2016] 5 BLLR 425 (LAC)
Headnote:
Settlement agreements – Constitutionality – Senior employee signing post-dismissal agreement in which he waived right to approach court for any remedy relating to employment, then claiming agreement contrary to public policy – Evidence indicating that employee full aware of implication of signing agreement aimed at resolving disputes – Agreement not contrary to public policy.
(2016) 37 ILJ 902 (LAC)
The ConCourt upheld the judgment of the LAC. See
Separation and settlement agreement: Public policy and binding waiver