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South Africa decisions
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Mabaso v Discovery Life (J1155/20) [2024] ZALCJHB 280; (2024) 45 ILJ 2751 (LC) (2 August 2024)
The Labour Court refused to make a voluntary separation agreement an order of court because it was not a settlement of a justiciable LRA dispute.
Fleet Africa (Pty) Ltd v Nijs (JA9/15) [2017] ZALAC 8; (2017) 38 ILJ 1059 (LAC); [2017] 5 BLLR 450 (LAC) (20 January 2017)
The Labour Appeal Court held that the settlement agreement between Fleet Africa (Pty) Ltd and Erica Nijs was valid and legally binding, having been entered into voluntarily and in good faith during a period when the employment relationship existed. The agreement resolved all claims, including those under section 197 of the LRA, and was not conditional on the outcome of the arbitration appeal. The Court found that the Labour Court had jurisdiction to make the settlement agreement an order of court under section 158(1)(c), read with section 158(1A), as the agreement settled a dispute capable of…
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South African Transport and Allied workers Union obo Mlotsa and Others v Grindrod (Intermodal) (JS988/13) [2016] ZALCJHB 429 (26 October 2016)
The court found that the retrenchment of the applicants was necessitated by severe and ongoing financial losses in the Dry Bulk division, which ultimately led to its closure. The respondent properly applied the LIFO selection criteria, and all labour broker employees had already been dismissed prior to the applicants' retrenchment. The applicants' claim that retrenchment was based on incapacity was unsupported by evidence and contradicted by both documentary and oral testimony. The union failed to prove membership for certain applicants, and those who accepted voluntary retrenchment agreement…
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Burnett v Nampak Cartons and Labels KZN (D998/10) [2016] ZALCD 18 (10 June 2016)
The Labour Court enforced a voluntary retrenchment agreement and found the employer could not later impose an undisclosed restraint of trade condition.
RP Logistix (Pty) Ltd v Transport and Allied Workers Union of South Africa (TAWUSA) and Others (JA48/14) [2016] ZALAC 7 (4 March 2016)
The Labour Appeal Court held that no binding voluntary retrenchment agreement was concluded and dismissed the employer’s appeal against findings of unfair dismissal.
Senne and Others v Fleet Africa (Pty) Ltd (J2888/14) [2016] ZALCJHB 48; (2016) 37 ILJ 1216 (LC) (12 February 2016)
The Labour Court held that retrenchment settlement agreements signed after an outsourcing expiry were valid and binding, and ordered Fleet Africa to pay the agreed amounts.
Nthite v Reitzer Pharmaceuticals (Pty) Ltd (JS450/13) [2014] ZALCJHB 326 (21 August 2014)
The Labour Court dismissed a jurisdictional point and a security-for-costs application in a dispute over a voluntary retrenchment agreement.
Olivier v University of the North (J535/03) [2014] ZALCJHB 287 (30 July 2014)
The court found that the voluntary retrenchment offer made by the respondent was valid and binding, as confirmed by prior Labour Appeal Court decisions. The applicant accepted the offer within the stipulated period, and her subsequent retirement date did not affect her entitlement to the retrenchment package. The respondent's preliminary objections of prescription and abuse of process were dismissed; the delay in prosecution, though unreasonable, did not amount to abuse, and the respondent contributed to the delay. The applicant was entitled to specific performance and payment of the retrench…
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Peters v Blue Financial Services (South Africa) (Pty) Ltd (P 480/10) [2013] ZALCPE 10 (18 June 2013)
The court found that the respondent failed to comply with the procedural requirements of section 189 of the LRA by predetermining the selection procedure and severance pay, denying the applicant meaningful consultation, and failing to disclose relevant information. The respondent's inclusion of clauses in the agreement asserting compliance with the LRA constituted misrepresentation, which induced the applicant to sign. The applicant's lack of legal knowledge and reliance on the respondent's representations rendered her consent invalid. Consequently, the voluntary retrenchment agreement was vo…
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Nursing Services of South Africa v Commission for Conciliation Mediation and Arbitration and Others (C 256/2010) [2011] ZALCCT 67 (21 October 2011)
Labour Court review of a CCMA award was upheld because the commissioner misunderstood a material issue about whether employment ended by agreement.
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