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The aggrieved party can only hope to set aside a settlement agreement by bringing a civil claim to the Labour Court or High Court based on the common law grounds such as the impossibility of performance, fraud, duress and/or misrepresentation.
Here are a few possible outcomes: Remedies and Awards: The CCMA may order you to pay certain remedies or awards to the other party. This could include compensation for damages, unpaid wages, or any other losses suffered by the other party as a result of the dispute.
However, an aggrieved party can take the arbitrator's ?conduct? on review. That is, either party has the right to take the arbitrator to the Labour Court, if they believe that the arbitrator has acted incorrectly in respect of the case in question.
Motions to Enforce Then, if one party is not complying with the settlement agreement, the other party may file a motion to enforce the agreement. In the motion, the party asks the court to enter a judgment pursuant to the settlement's terms. This applies when the settlement agreement is reached in pending litigation.
Resolving disputes The CCMA must attempt to resolve, through conciliation, workplace disputes referred to it. If conciliation fails, the CCMA must settle the dispute by arbitration if the Act says that the next step is arbitration and if any party to the dispute refers the dispute to arbitration.
This award can only be challenged through a review process in the Labour Court (there are, however, instances where an award may be taken on appeal to the Labour Court such as with certain unfair discrimination disputes).
Then your case will most likely settle for between one and four months' salary plus notice pay. However, if you have evidence of whistleblowing or discrimination, you could get more, and the two years' service requirement is no long relevant.
An agreement between opposing parties to settle a dispute or reach a settlement in which each gives some ground, rather than continue the dispute or go to trial. Judges encourage compromise and settlement, which is often economically sensible, since it avoids mounting attorneys' fees and costs.