Settlement agreements are an integral part of the dispute resolution process. Whenever there is a dispute, whether in the CCMA or internally in the workplace, the parties to the dispute are encouraged to settle disputes to avoid drawn-out and costly dispute processes. Parties can negotiate independently or get representatives to negotiate on their behalf. In [...]
The parties attended the Conciliation proceeding and resolved the matter by entering into a settlement agreement. The settlement agreement will be binding on both parties and is the full and final settlement of the dispute between the parties. This would be the end of the matter, and the applicant (employee) will have no further recourse [...]
Wanneer ‘n dispuut na die KVBA verwys word, word ‘n tweeledige proses gevolg. Die eerste proses word genoem konsiliasie. ‘n Kommissaris van die KVBA (Kommissie vir Versoening, Bemiddeling en Arbitrasie) tree op as bemiddelaar en poog om die dispuut tussen die applikant en respondent op te los deur middel van skikking of ontrekking van die [...]
This has been a difficult year for everyone and now more than ever, employers are struggling to not only maintain their staff compliment but pay staff additional extras such as bonuses. The payment of bonuses, especially the 13th cheque or year-end bonuses, has always been quite a controversial issue because the majority of employees assume [...]
The employer and employee enter into a Full and Final Settlement agreement to mutually and amicably terminate the employment relationship between them, but a few days later the employer receives a referral or even a Notice of Set down from the CCMA or the Bargaining Council indicating that the employee was unfairly dismissed. Does [...]
In terms of the Labour Relations Act 66 of 1995 (LRA), an arbitration award issued by a Commissioner is final and binding and may be enforced as if it were an order of the Labour Court. The LRA does not allow any party to appeal against an arbitration award, but these awards can be [...]
Is an employer bound by a settlement agreement concluded after the employees have been transferred to the new employer? This is the question that the Labour Appeal Court had to answer in the matter between Fleet Africa (Pty) Ltd v Nijs [2017] 5 BLLR 450 (LAC). When the old employer (Fleet Africa) lost two [...]
When parties enter into a full and final settlement agreement in order to terminate the employment relationship, most employers are of the opinion that the matter has been settled and that the employee has waived his/her right to refer the matter to the CCMA. However, in the recent Labour Court award of Cook4Life CC [...]
It has recently come to CEO’s attention that queries regarding whether a settlement agreement (or an award in favour of the applicant (employee)) in the CCMA/Council should be taxed or not, are starting to increase. The answer lies in the following explanations, in which case law and legislation will be considered. The Labour [...]
Tydens die konsiliasieproses, hetsy gedurende die sogenaamde ‘con/arb’-proses, ‘n konsiliasieproses, of waar die partye voor, of gedurende die arbitrasieproses, terugverwys na konsiliasie, word ‘n skikking dikwels bereik deur die betaling van ‘n som geld. So ‘n bedrag kan wissel van ‘n lompsom, die bedrag wat betaal sou word indien die applikant sy kennistydperk sou [...]