Legal updates and opinions
News / News
How binding is a CCMA settlement agreement?
Written settlement agreement at the CCMA
If an employee enters into a written settlement agreement at the Commission for Conciliation, Mediation and Arbitration (“CCMA”) on the advice of her representative, can she subsequently escape the agreement on the basis that she was duped into doing so by her representative? Can she do so if she entered the agreement under duress or as a result of the undue influence of her representative?
Ordinary laws of contract
In Ulster v the Standard Bank of South Africa Ltd (C 647/2012) [2013] ZALCCT 3 (15 February 2013), the Labour Court was faced with this question. It held that the ordinary laws of contract will apply. Therefore a settlement agreement can only be set aside if it is successfully shown that the employee was placed under the type of duress required in common law. In this case, the employee was a bank manager with 30 years’ experience, she was educated and well-informed.
It was clear she understood the nature of contracts. She understood the nature of the proceedings and agreed to sign the settlement agreement. In the circumstances, she entered into the agreement with open eyes, fully aware of its consequences, and should be bound by the terms thereof.
Common law position on the effect of concluding an agreement
Whilst this decision confirms the common law position on the effect of concluding an agreement, it does highlight that a settlement agreement might not stand up to scrutiny if the employee can show that he or she did not understand the legal significance of signing such an agreement, was not well informed, educated or experienced in such matters. A way to avoid this result would be to ensure that the terms of a settlement agreement are explained to the employee by the Commissioner before he or she signs the agreement.
It may even be advisable to have the agreement translated for the employee if his or her first language is different to that in which the agreement is drafted.
Read more on the CCMA pronounces on mandatory vaccination policy.
Latest News
Expressing Our Heritage Through Access to Justice
by Dakalo Singo, Director and Head of Pro Bono The Ties that Bind Us As South Africa commemorates Heritage Month [...]
What Are We Leaving Behind? The Law, Our Heritage, and the South Africa We Owe Our Children
by Naledi Motsiri, Director and Nothando Nyoni, Associate When we speak about heritage, we often think about what we have [...]
When discovery meets data privacy: Navigating the tension between litigation obligations and data protection
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Armand Swart, Director Introduction The civil litigation process demands disclosure: Parties [...]
Your customer has entered business rescue. The next move matters
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate, and Clio Patricios, Candidate Attorney [...]
Invisible data collection through a privacy lens
by Ahmore Burger-Smidt, Director and Head of Regulatory More than seven million pairs of Meta’s Ray-Ban smart glasses were sold [...]
Cybercrime across borders: Navigating Africa’s fragmented legislative landscape – Part 2
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney In Part one of this series, we [...]
