A February 2023 Labour Appeal Court judgment interpreted a settlement agreement that agreed to the “full and final settlement of all matters between” the parties and “in full and final settlement of all and any claims which the parties may have against each other”. The employer and employee were parties to an employment agreement that
Labour Appeal Court
Setting aside a settlement agreement due to common mistake
By Donald Dinnie on
This blog was co-authored by Tristan Marot, Candidate Attorney.
The Labour Appeal Court has recently restated the law on common mistake as it applies to having a settlement agreement set aside in Murray and Roberts (Pty) Ltd v The Commission for Conciliation, Mediation and Arbitration & Others.
The matter stemmed from a dispute between the…