Pansegrouw v Rendeals Four Consulting (Pty) Ltd (JS539/17)
Pansegrouw v Rendeals Four Consulting (Pty) Ltd (JS539/17) [2019] ZALCJHB 7; [2019] 6 BLLR 572 (LC) (23 January 2019)
The court found that the applicant's claims for contractual notice pay and contractual leave pay were compromised by the CCMA settlement agreement, which expressly settled all statutory payments due to the applicant. The applicant, by accepting the settlement, waived his right to pursue further claims under the employment contract for notice and leave pay, as these are regulated by sections 21 and 37 of the Basic Conditions of Employment Act. The special plea of res judicata failed because the respondent did not prove that the same cause of action had been referred to and finalized by the CCM…
Source excerpt
- Contractual Notice Pay
- Contractual Leave Pay
- Compromise
- Res Judicata
- Jurisdiction
- Damages For Breach Of Contract