How Binding Is A Ccma Settlement Agreement

[5] Therefore, where a transaction contract provides that an employer pays R5,000 R5,000 to a worker on a specified date and the employer pays that amount on or before the due date, the worker would make no sense to turn to the employment tribunal to make the transaction contract a court decision, as it would serve no purpose and the court would object. If the settlement contract provides that the employer „re-employs a dismissed worker if he wishes“ and the employer does not re-employ the employee, the worker would be ill-advised to go to the labour tribunal and try to make the agreement a court decision, as no goal can be achieved by making such an agreement a court decision. It is an agreement that leaves the discretion to work entirely at the discretion of the employer, and it can use „if it wants to.“ He cannot be forced by the order of a court to be in the mood to employ, and there is no enforceable obligation to employ. The purpose of establishing a transaction agreement or arbitration award, a court order, is to enforce compliance with the agreement or award of arbitration. The agreement or attribution must therefore be clear and unequivocal and not contentious. This does not mean that a bonus or agreement to pay salaries or wages for a certain period of time is not clear and accurate. The parties would be aware, taking into account documents such as work tickets or independent accounting, or would easily determine the amount [when the amount should ideally be clearly defined in order to avoid unnecessary delays and costly exercises in determining the exact amount owed]. All of this means that the labour tribunal will apply to the labour tribunal under Section 158, paragraph 1, point (c), of the LRA, to ensure that the agreement meets at least the criteria set out in paragraph 1, paragraph 1, point c), section 158 (1A) of the LRA, and whether it is an arbitration award. meets the criteria set out in Section 142A of the LRA; (ii) that the agreement or award of arbitration be clear enough to allow the defaulting party to know exactly what it must do to comply with the arbitration agreement or award; and (iii) the defaulting party did not comply with the terms of the agreement or award.“ South African Post Office Ltd v Communication Workers Union obo Permanent Part-Time Employees [2013] 12 BLLR 1203 (LAC) Before entering into a transaction agreement, you must ensure that you can honour the offer to staff. But what happens if the parties agree on compensation limits outside section 194 and a party wishes to make such an agreement an arbitration award? Enforcing transaction agreements and arbitration awards Although this decision confirms the Common Law`s position on the effects of reaching an agreement, it stresses that a transaction agreement may not withstand scrutiny if the worker can prove that he did not understand the legal meaning of signing such an agreement, that he or she was not well informed , trained or experienced in such matters.