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Labour Law [2023] ZALCJHB 318

Naidoo v ICollege (Pty) Ltd (J 721 / 22)

Naidoo v ICollege (Pty) Ltd (J 721 / 22) [2023] ZALCJHB 318; (2024) 45 ILJ 319 (LC) (26 October 2023)

The court found that the settlement agreement between the applicant and respondent did not meet the statutory requirements for enforcement under section 158(1)(c) of the Labour Relations Act. Although the agreement was in writing and resolved the employment relationship, it did not settle a dispute that the applicant had the right to refer to arbitration or adjudication under the LRA. The termination was mutually agreed before any disciplinary hearing or dismissal, and thus did not constitute a dispute susceptible to referral. Furthermore, there was a material factual dispute regarding whethe…

  • Settlement Agreement Enforcement
  • Section 158 1 C Lra
  • Right To Refer Dispute
  • Mutual Termination
  • Operational Requirements
  • Discretionary Court Powers
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