Separation Agreement Employment South Africa

Finally, the question whether a worker may waive his right of appeal (right of access to justice) against his employer was held by the Constitutional Court to be not contrary to public policy (bonos mores) and therefore legitimate. However, it is important that an employer and a worker who actually choose to conclude a reciprocal cancellation contract make this intention clear, in particular to give full effect to the waiver. In order to avoid any ambiguity or partial application, it is recommended to obtain appropriate legal advice when considering the conclusion of a mutual cancellation contract. With all the benefits that reciprocal separation agreements bring, this option is becoming increasingly convenient for employers. Nevertheless, employers should be careful in negotiating such agreements. In South Africa, dismissal is strictly regulated and must be fair both procedurally and substantively, in accordance with the Labour Relations Act 1995 (LRA). . . .