South Africa Case Law

Molatjane v Joffe and Another (28249/2020)

Molatjane v Joffe and Another (28249/2020) [2021] ZAGPJHC 884 (18 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

28249/2020

Judge

A Friedman

The court found that the applicant failed to establish a plausible cause of action for misrepresentation or fraud in relation to the separation agreement. The applicant was aware of all relevant facts at the time of signing and accepted the benefits of the agreement. Her subsequent challenge was inconsistent with contemporaneous evidence and her own conduct. There was no genuine dispute of fact warranting referral to trial under rule 6(5)(g), and even if there were, the applicant ought to have anticipated such disputes. The application was formally and substantively defective, and the relief…

Source excerpt

• Misrepresentation
• Separation Agreement
• Rule 6 5 G Application
• Costs Order
• Condonation
• Disciplinary Proceedings

Louw v Absa Bank (8214/20)

Louw v Absa Bank (8214/20) [2021] ZAGPPHC 137 (10 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

8214/20

Judge

Mabuse

The High Court dismissed Absa Bank’s exception, finding the plaintiff had sufficiently pleaded a breach of a written separation agreement.

• Exception Procedure
• Breach Of Contract
• Pleading Requirements
• Separation Agreement
• Exception-procedure
• Pleading-requirements

Melembe v Commission for Conciliation, Mediation and Arbitration and Others (JR 811/2018)

Melembe v Commission for Conciliation, Mediation and Arbitration and Others (JR 811/2018) [2020] ZALCJHB 230 (26 October 2020)

Court

Labour Court Johannesburg

Case number

JR 811/2018

Judge

Tlhotlhalemaje

The court found that the applicant, a senior and sophisticated employee, voluntarily signed the separation agreement after being presented with options, including suspension and disciplinary enquiry. The evidence did not support claims of duress, coercion, or intimidation sufficient to vitiate consent. The Commissioner correctly concluded that there was no dismissal and that the termination of employment was by mutual agreement. The CCMA therefore lacked jurisdiction to entertain the dispute. The review application failed as the applicant did not discharge the onus to prove dismissal or coerc…

Source excerpt

• Unfair Dismissal
• Separation Agreement
• Jurisdiction Of Ccma
• Duress In Contract
• Review Standard
• Fixed Term Contract

Ohff v Balkaran NO and Others (464/15)

Ohff v Balkaran NO and Others (464/15) [2017] ZALCD 16 (2 June 2017)

Court

Labour Court Durban

Case number

464/15

Judge

Gush

Labour Court review dismissed where an employee concealed a separation agreement and failed to show a reasonable explanation for a late CCMA referral.

• Condonation
• Unfair Dismissal
• Separation Agreement
• Prospects Of Success
• Late Referral
• Unfair-dismissal