• Welcome to our online store

    We are pleased to announce the launch of the new Workinfo.com Online Shop, replete with our extensive product range and descriptions, which will assist you in your quest for finding solutions for your human resource requirements. Our shop is enabled to accept EFT payments as well as PayPal and PayFast card payments.

    We want to thank you for trusting our brand and continuing your support for our vision and product lines. Enjoy your online shopping experience and let us know if we can help you with anything regarding our products.

Settlement Agreements – A toolkit

R2,100.00
(Excl. 14% tax)
SKU : SAT001

Settlement Agreements – A toolkit

Pro forma settlement agreements, legislative references, latest case law

Type: Electronic download
Format: PDF / MS Word
Pages: 113 pages

Table of Contents
 
I. Introduction: Settlement Agreements
A. Settlement Agreements reached pending litigation
B. On grounds of poor performance
C. On grounds of alleged misconduct
D. For operational reasons
E. On grounds of incapacity (ill-health)
F. Where the employee is incompatible
G. To avoid the automatic transfer of contracts of employment in terms of s197
H. UIF, TAX and criminal action
I. Payments of statutory entitlements following dismissals
J. Range of settlements
II. Why settlement agreements
III. The requirements for a valid settlement agreement
IV. Initiating a settlement discussion
A. The position in the United Kingdom
B. The position in South Africa
1. The “without prejudice” principle
2. Waiver of the right to privacy
3. "Off-the-record" and "confidential" communications
4. Subject to contract
5. Is there an existing or live dispute?
V. The legal position as at 29 January 2013
VI. The legal position post 29 January 2013
A. Criteria Commissioners or Courts may use to determine the validity of settlement agreements
1. Does the settlement agreement oust the jurisdiction of the CCMA?
2. Requirements for a valid settlement agreement
VII. Making a settlement agreement an order of court
1. Introduction
2. Settlement agreements in respect of disputes referred to the CCMA.
3. Enforcement of settlement agreements through the Labour Court
VIII. Legislative provisions referencing settlement agreements
A. s24. Disputes about collective agreements (Labour Relations Act)
B. s142A. Making settlement agreement arbitration award (Labour Relations Act)
C. s143 Effect of arbitration awards (Labour Relations Act)
D. s158 Powers of Labour Court (Labour Relations Act)
E. s77. Jurisdiction of Labour Court
IX. Caselaw
A. Nehawu and Others v MEC, Department of Health, Eastern Cape  LC (P118/2011; P125/2011; P127/2011) [2012] ZALCPE 9 11 February 2013 Van Niekerk J
B. Cook4life CC v CCMA, Lourens M De Bruyn (JR 350/2012) [2013] LC (Johannesburg) (29 January 2013)
C. Ulster v Standard Bank of South Africa Ltd  LC (C 647/2012) [2013] ZALCCT 3 15 February 2013
D. Greef v Consol Glass (Pty) Ltd (C A02/12) [2013] ZALAC 7 (21 May 2013)
E. Lizzy Phillistus Buthelezi v Liberty Group Limited (JS 707/10) Labour Court [22 September 2011]
F. Motor Industry Bargaining Council and Kallies Panelbeaters CC (ck 95/47289/23) MINT 1182 19/05/2005
G. Motor Industry Bargaining Council and Kallies Panelbeaters CC ARB 100-03-05 AMINT 1182 MIBC
H. Sylvester Andile Zulu & 2 Others and Unlimited Building Supplies (Pty) Ltd (GAJB8532-12) CCMA (16 August 2012)
I. Making settlement agreements orders of court
1. Greef v Consol Glass (Pty) Ltd (C A02/12) [2013] ZALAC 7 (21 May 2013)
2. Application to make a settlement agreement an order of Court declined
X. Pro forma settlement agreements
A. Extended Version
B. Recommended Version
C. S197 settlements
D. Suggested correspondence initiating settlement discussions

Choose Currency

$ R £ $

Who's Online

We have 32 guests and no members online

No items in cart
Copyright © 2017 Workplace Performance Technologies (Pty) Ltd. All Rights Reserved.

Workplace Performance Technologies (Pty) Ltd
Block 4B, Units 43 and 45, Northgate Office Park,
Corner Profit and Aureole Streets, Northgate
Reg. No. 98 01552/07
Vat Reg. No. 4450172582

Facsimile:  +27 (0)86 689 7862  (Office)
Telephone:  +27 (0)861 967 546  (Office)
Telephone:  +27 (0)82 416 7712  (After Hours)
Cellular: +27 (0)82 416 7712
Email:  info@workinfo.com

Please publish modules in offcanvas position.