SIGNING BEFORE ASKING – IS IT TOO LITTLE TOO LATE?

We have recently represented some of our members in extensive retrenchment consultations in terms of Section 189 of the Labour Relations Act, No. 166 of 1995 (LRA). It became evident that numerous employees were offered voluntary retrenchment/termination agreements, some of our members’ signed same and would then only thereafter forward this to our legal department.

Too little, too late – or not?

Sometimes the above act would be too little too late and the agreement signed would be binding.

In Kgwedi v Bidvest Protea Coin Ltd (2019) 28 LC 5.2., after the employee had signed a termination agreement with his employer he was dissatisfied with the outcome and then contended the validity thereof, saying: “he signed the agreement under duress”.

The employee alleged that he was treated unfairly, that his employer failed to inform him of the contents of the agreement and only signed because he had thought that the failure to sign same, would result in him not receiving his salary.

Reality

These agreements are binding, unless it is shown that there was not a meeting of two minds or the contents of the agreement was invalid ab initio (from the beginning) or against any law or public policy.

In the above case, the employee had failed to prove that the agreement was signed under duress and the application brought in the Labour Court was subsequently dismissed.

The court relied on the principle of Caveat Subscriptor, a Latin term which means the following – one‘s consent is indicted by one’s signature to the document, irrespective of one’s true intentions. (own emphasis).

Be sure

When faced with the decision to sign an agreement, whether it relates to retrenchment or any other process within the workplace, and you are unsure of the contents thereof, you should always contact MISA before you sign. We shall advise you accordingly.

Don’t find yourself in a too little too late predicament.

MISA – Just a phone call or an e-mail away!

Kindly utilise the following e-mail addresses and links for assistance during this time:

Employer UIF/TERS Submissions              UIFClaim@ms.org.za

Legal/Labour-related enquiries                Legal@ms.org.za

Legal Reception                                          0114763920

MISA Benefit claim-related enquiries      Claims@misa.org.za

Any other enquiries                                    Info@ms.org.za

Website                                                        www.misa.org.za

Mobile App                                                  https://onelink.to/w9a7ku

#MISACARES #MISAONTHEMOVE