Fakude and Others v Kwikot (Pty) Ltd (JS 661/05)
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…
Source excerpt
- Collective Agreements
- Trade Union Powers
- Dismissal Definition
- Duress In Settlement
- Public Policy Contracts