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South Africa Case Law

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Labour Law [2018] ZALCJHB 30

ARWYP Medical Centre (Pty) Ltd v Harris (JS79/14)

ARWYP Medical Centre (Pty) Ltd v Harris (JS79/14) [2018] ZALCJHB 30 (6 February 2018)

The Labour Court refused to set aside a CCMA settlement agreement, finding no proven misrepresentation and ordering the applicant to pay punitive costs.

  • Settlement Agreement
  • Misrepresentation
  • Constructive Dismissal
  • Compromise Contract
  • Costs Order
  • Settlement-agreements
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Labour Law [2016] ZAECGHC 30

Lawrie v Nursing Response CC and Others (CA 331/2014)

Lawrie v Nursing Response CC and Others (CA 331/2014) [2016] ZAECGHC 30; [2016] 3 All SA 186 (ECG) (19 May 2016)

The High Court had jurisdiction to entertain the application, as the relief sought was not related to the original unfair dismissal dispute referred to the CCMA, but rather to the validity of the settlement agreement. The settlement agreement constituted a valid compromise contract, as both parties receded from their original positions to reach a mutually acceptable resolution. The clauses in question were not contra bonos mores, as they did not offend public policy, law, or morality, nor were they inimical to the interests of the community. The appellant's concerns reflected only her persona…

  • Jurisdiction Of High Court
  • Settlement Agreement
  • Contra Bonos Mores
  • Compromise Contract
  • Public Policy
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