This blog was co-authored by Tasmia Immam Alli, Candidate Attorney
In a February 2023 Labour Appeal Court (LAC) case Wheelwright v CP De Leeuw Johannesburg (Pty) Ltd, the LAC held that a restraint of trade agreement pursuant to an employment contract can be extinguished by a full and final settlement agreement which does not
Employees may have claims against their employer that can arise during the recruitment process, the employment or on termination. In this case, the parties may enter into a formal settlement agreement to settle most statutory employment claims. In order for any such agreement to be binding it must satisfy certain conditions. The extent of these
Introduction
When an employer and an employee come to an agreement regarding the termination of an employment contract, the terms and conditions of such termination will be laid down in a settlement agreement. According to section 7:900 Civil Code, a settlement agreement seeks to conclude or prevent any uncertainty or dispute.
To prevent parties from
Freedom of speech is considered to constitute a fundamental right for employees both outside and within an employer’s premises. However, generally speaking, the exercise of this right is not considered to be legitimate if it leads to abuse, such as excessive, insulting or defamatory statements.
Moreover, regardless of the existence of any abuse, French employment