A dispute about an employer and an employee heads for arbitration; during the course of arbitration the parties settle the matter and the settlement agreement is accordingly made an arbitration award.

But the employee not only persists with the misconduct but also tells everyone about what happened at the arbitration proceedings. The employer takes the view that the employee has breached the settlement agreement and refuses to implement it. Could the employer unilaterally do so? The employer’s arguments were doomed to failure – the Court found, for instance, that the employee had not breached the settlement agreement by telling everyone about what was in the agreement.

settlement agreement

For further information on any labour related matters, you can contact
Bernard Reisner:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za