Full And Final Settlement Agreement South Africa

The worker then appealed the case to the labour tribunal (`LAC`), which held that the separation agreement should be treated in law like any other agreement between the employer and the worker. When the parties reach a full and final settlement agreement to terminate the employment relationship, most employers feel that the matter is settled and that the worker has waived his right to refer the matter to the CCMA. In the agreement, the worker acknowledged and accepted that the termination of his employment relationship was without undue coercion or influence and that he had voluntarily and unconditionally waived his right to apply to the CCMA and any other jurisdiction for discharge. According to the SCA, if an interpretation of the agreement established that the payment obligation was conditional on compliance with the payment method, A „simply should not have gotten away with it“ and that would be, according to the SCA, an „extremely unfair result“. Who knew that a divorce, a settlement contract and a gambling package could have created another case in which the Supreme Court of Appeal (SCA) should have read a contract? Suppose you receive an exorbitant bill from someone who has provided you with goods or services. So you write a cheque less than the amount of the invoice and send the cheque along with a letter saying that your cheque is „in the full and final account.“ The other party pays the cheque and then sends you a letter of credence for the balance. Does the law allow you to refuse payment of another amount on the basis of your letter, in which you say you have paid a lesser amount in full and final settlement? For simplicity`s sake, we assume that you are not in conflict with the quality of goods or services and that your only complaint is what you think is an excessive price or overcharging. The starting point for the answer to the question is that, in these circumstances, it is a contractual debt, since we assume that the goods were delivered or that the services provided at your request were provided.