Setting Aside Ccma Settlement Agreement

- April 12, 2021

[22] It is trite that a party attempting to avoid the application and execution of a transaction agreement (which is a contract) that would have been entered into involuntarily because of undue influence should be required to prove that it did not voluntarily enter into the agreement on a weight of probabilities. I looked at the content and content of the foundation affidavit and affidavit and affidavit. I also carefully considered Nkomo`s affidavit and the sworn insurance, as filed by the Commissioner. In the last two sentences of the affidavit, there is nothing that can be construed as a bald or inseparable denial, or that raises fictitious factual quarrels, or it is tangiblely unbelievable or far-fetched, or so clearly indefensible, which would justify this court rejecting them only on the papers. 8.3 The leave allowance allegedly due was added to the transaction, which led to the final amount expressed in the transaction agreement. The applicant argues that leave pay should not be taken into account, as Nkomo misrepresced that 62 days of leave had been granted to him, whereas nkomo, according to the employer`s records, did owe money for the leave taken after the exhaustion of his assigned leave. Nkomo would therefore be unfairly enriched if the money was paid to him for the leave allowance, since he would not be entitled to it. [17] In its written submissions, Nkomo indicated that the applicant`s request for the settlement agreement had been made in a non-practical manner. It was indicated that the revision of the agreement had been carried out as an alternative without filing a supplementary affidavit. In addition, it was recalled that Mr. Lahee, who was tabled for incorporation, was not part of the arbitration process and that, therefore, the facts were not based on his personal knowledge.

The court found that the arbitrator was not competent to rule on this issue, since there was a settlement agreement between the parties and the workers also bound by the terms of the agreement, so that this matter should have been resolved in accordance with the dispute settlement clause of the agreement through consultation with the relevant negotiating forum. , and in all cases, the employees returned their dispute too late and no donation was requested. In dismissing the appeal, the Labour Tribunal found that it was not competent to decide the dispute, since there is no provision in the LRA that gives the Court the jurisdiction to decide the validity of a settlement agreement. 15.4 His version of events leading up to the settlement agreement is largely the same as that put forward by the Commissioner with regard to settlement negotiations.

Discussion