“The next question is: Is Mr. Herridge deliberate and mala fide disobedience to the Order? After receiving the order, after having had the opportunity to verify it, to find out what it meant, he was able to obey him. It is clear that he found the award to be ridiculous and that its inclusion in the court order is considered to be not respected because it contradicts his view of what the law should be. He does not think that anyone should be reinstated if they were working at the time of sentencing. There is clearly a refusal to put Mr. Ntombela back into his employment at the CC. I think Mr. Herridge is guilty of contempt of this court in all the facts before me. Ntombela v Herridge Hire – Haul CC – another (1999) 20 ILJ 901 (LC) The Tribunal upheld the request for reconsideration, reviewed and quashed the sentence.
This means that the draft agreement is “off the mark” and cannot be presented to a court as evidence of a confession against one of the parties. The legal concept “without prejudice” is based on the principle that it is useful for the parties to speak freely when trying to reach an agreement. If they know that everything they say in these discussions cannot be used as evidence against them, then it allows the parties to be more open. In addition, the Tribunal found that the arbitrator had referred the matter to the case on the basis that it was related to an unfair labour practice and that he had committed a serious irregularity, the matter being referred to the CCMA and reconciled as a contentious point concerning Section 198B. The Tribunal found that if workers felt they were being treated differently, they should have referred an unfair dispute over labour practices, but that was not the case. The arbitrator was therefore not competent to deal with an unfair labour practice. Most transaction agreements must cover all kinds of rights you can claim against your employer. This means that you are waiving your rights to assert personal injury rights and rights. The Tribunal found that Keelings had made no effort to determine whether Haskiya had received professional advice prior to the signing of the agreement and that none of the witnesses had been able to confirm that the documents made available to him when he was informed of his dismissal included the compensation agreement. On the same day, amCU and M-R reached a settlement agreement under which AMCU would withdraw their dispute and present their audited members to MEIBC in order to become members in order to obtain organizing rights. Another important tip is to make sure you have the right lawyers who act for you. If you don`t believe in the skills of your lawyers, always remember that you have the right to change lawyers if you wish.
At Truth Legal, we have extensive experience in successfully negotiating transaction agreements.