Tag archives: settlement agreement

The never-ending debate of “in full and final settlement”

By Heidi Davis on August 2, 2023 Posted in South Africa

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 preserve … Continue reading

Can an employer settle future statutory claims in a settlement agreement?

By Amanda Sanders (UK) and Safwan Afridi on October 31, 2022 Posted in General, UK

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 … Continue reading

Is final discharge really final?

By Maartje Govaert and Annette van Beers on April 14, 2014 Posted in Europe, The Netherlands

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 … Continue reading

The (limited) ability to restrict employees’ freedom of speech following the termination of their employment contract

By Elodie Grangier on March 7, 2014 Posted in Contracts, Europe, France

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 … Continue reading