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South Africa decisions
Decisions matching the current search
Shange v Unico Tec (Pty) Ltd (D577/2021) [2024] ZALCD 14 (20 May 2024)
The Labour Court held that the applicants failed to prove duress when signing settlement agreements and dismissed their referral.
Mara v Tems Meat Wholesalers (JS 25/2021) [2024] ZALCJHB 6 (19 January 2024)
The Court found that the applicant failed to prove that he was coerced or acted under duress when signing the mutual separation agreement. The evidence did not demonstrate actual violence or reasonable fear caused by considerable evil, nor did the applicant immediately raise any complaint of coercion. The applicant had the opportunity to refuse to sign but chose not to. The agreement was entered into in full and final settlement of all claims, and the applicant accepted its terms. As such, the settlement agreement is valid and binding, and the fairness of the dismissal does not arise. The app…
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Malapeng v South Deep Gold Mine Joint Venture (JS388/18) [2019] ZALCJHB 11 (22 January 2019)
The Labour Court dismissed an interlocutory application challenging a settlement agreement, finding disputed facts about alleged duress had to be determined at trial.
Kgwedi v Bidvest Protea Coin (Pty) Ltd (JS1052/16) [2018] ZALCJHB 425; [2019] 6 BLLR 562 (LC) (18 December 2018)
The court found that the applicant failed to prove that he was coerced or acted under duress when signing the retrenchment agreement. The evidence showed that the applicant understood the terms of the agreement, signed all relevant sections, and did not raise concerns about coercion at the time or in subsequent correspondence. The operational requirements for dismissal were established by the employment contract and the client’s demand for removal following a failed polygraph test. The respondent offered alternative placement, which the applicant declined, opting instead for retrenchment. The…
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