Mathebula v Marula Platinum (Pty) Ltd (J2626/18)
Mathebula v Marula Platinum (Pty) Ltd (J2626/18) [2020] ZALCJHB 193 (25 August 2020)
The court found that the settlement agreement was conditional on the employer's discretion to employ the applicant's son and did not create an enforceable obligation. The respondent had complied with the agreement by placing the son on the waiting list, and there was no evidence of a relevant vacancy or breach. The applicant's attempt to enforce the agreement was ill-considered, especially after failing at the CCMA. The court held that such conditional agreements cannot be made orders of court under section 158(1)(c) of the LRA, as they do not provide clear, unequivocal obligations capable of…
Source excerpt
- Settlement Agreement Enforcement
- Section 158 1 C Lra
- Conditional Obligations
- Employment Termination
- Ccma Dispute Resolution