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South Africa decisions
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Makhothokho and Others v Pick n Pay Supply Chain (Pty) Ltd and Another (JS345/17) [2022] ZALCJHB 114 (24 May 2022)
The Labour Court held that retrenchment agreements signed by the applicants were voluntary, binding full and final settlements, defeating their unfair dismissal claims.
National Union of Metalworkers of South Africa and Others v Clear Creek Trading 167 (Pty) Ltd t/a Wireforce (JS656/16) [2018] ZALCJHB 340 (12 October 2018)
The court found that Wireforce failed to comply with the requirements of section 189 of the Labour Relations Act, as the retrenchment process was neither procedurally nor substantively fair. The applicant employees were coerced into signing settlement agreements under duress, without proper consultation or representation, and NUMSA was deliberately excluded from the process. The evidence established that Wireforce's approach was designed to circumvent statutory requirements and procure signatures on settlement agreements, rather than engage in genuine consultation. The settlement agreements a…
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Fakude and Others v Kwikot (Pty) Ltd (JS 661/05) [2012] ZALCJHB 169; [2013] 6 BLLR 580 (LC); (2013) 34 ILJ 2024 (LC) (27 December 2012)
The court held that the collective agreement concluded by NUMSA on behalf of the employees was valid and enforceable, binding both union members and identified non-members. The union had statutory authority to act without individual member consent, and the applicants voluntarily joined the union, accepting the consequences of majority decisions. The individual settlement agreements signed by the applicants were not vitiated by duress, as economic pressure alone does not constitute duress under South African law. The applicants failed to establish that the agreements were signed under unlawful…
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