Press v Liberty Life and Others (J1082/2009) [2014] ZALCJHB 432 (9 September 2014)

Press v Liberty Life and Others (J1082/2009) [2014] ZALCJHB 432 (9 September 2014)

The court found that the settlement agreement concluded between the applicant and the first respondent expressly recorded all terms relating to the termination of employment, including the applicant's entitlement to shares. Clause 4.8 provided for normal retrenchment pro-rata shares, and clause 5 made the agreement a full and final settlement of all claims arising from the employment contract and its termination. The applicant's argument that she had a special deal regarding shares was not supported by the settlement agreement, which was the entire agreement between the parties. The applicant could not raise a new cause of action in reply, and her contentions regarding the applicability...

Citation
[2014] ZALCJHB 432
Parties
Applicant: Delphine Press; Respondent: Liberty Life; Respondent: Katleho Manager’s Trust; Respondent: Cassim Ebrahim Sujee N.O.; Respondent: Koogendran Chetty N.O.; Respondent: Angelinah Mabena N.O.; Respondent: Patricia Phindile Maphakela Maitse N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 September 2014
Case Number
J1082/2009
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Judges
Barnes
Legal Topics
Settlement Agreement, Compromise, Breach of Employment Contract, Share Allocation, Joinder of Parties
Labour Law Civil Procedure Settlement Agreement Compromise Breach of Employment Contract Share Allocation Joinder of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Delphine Press

Applicant

Liberty Life

Respondent

Katleho Manager’s Trust

Respondent

Cassim Ebrahim Sujee N.O.

Respondent

Koogendran Chetty N.O.

Respondent

Angelinah Mabena N.O.

Respondent

Patricia Phindile Maphakela Maitse N.O.

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the settlement agreement between the applicant and the first respondent extinguished the applicant's claim for shares under the employment contract.
  2. 2 Whether the applicant was entitled to 15,000 shares or only 5,000 shares upon retrenchment.
  3. 3 Whether the applicant could rely on the original cause of action after signing the settlement agreement.

Ratio Decidendi

The court found that the settlement agreement concluded between the applicant and the first respondent expressly recorded all terms relating to the termination of employment, including the applicant's entitlement to shares. Clause 4.8 provided for normal retrenchment pro-rata shares, and clause 5 made the agreement a full and final settlement of all claims arising from the employment contract and its termination. The applicant's argument that she had a special deal regarding shares was not supported by the settlement agreement, which was the entire agreement between the parties. The applicant could not raise a new cause of action in reply, and her contentions regarding the applicability...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is to pay the respondents' costs.